IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 24072 of 2008(N) ----------------------------------- PETITIONER : ---------------- N.J.JAMES, S/O.JOSEPH, 49 YEARS NIRANATH HOUSE, THALAYAD PO., KOZHIKODE. BY ADV. SRI.VINOD SINGH CHERIYAN SRI.R.SUDHISH RESPONDENTS : -------------------- 1. DEPUTY SUPDT., OF POLICE THAMARASSERY, KOZHIKODCE. 2. CIRCLE INSPECTOR OF POLICE, THAMARASSERY POLICE STATION, KOZHIKODE. 3. SUB INSPECTOR OF POLICE THAMARASSERY POLICE STATION KOZHIKODE. 4. SECRETARY, MALANAD KARSHAKA PRODUCE CO.OP.MARKETING SOCIETY, THIRUVAMPADY, KOZHIKODE. * 5. THE CHAIRMAN, RUBBER BOARD, OFFICE OF THE RUBBER BOARD, KOTTAYAM. * ADDL.R5 IMPLEADED AS PER ORDER IN I.A.11641/08 DATED 15.09.2008 BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.24072 of 2008 -------------------------- Dated this the 22nd September, 2008 J U D G M E N T Petitioner claims to be the authorized dealer of the 4th respondent's society for collecting rubber sheets from the planters. Apparently, petitioner collected rubber sheets from farmers/planters from 22.7.2008 till 31.7.2008, as evidenced by Exhibit-P1. The total quantity of 4195.60 Kgs. of rubber sheets were collected on his own behalf and the loading and unloading charges were also paid. Petitioner transported the said rubber sheets in a lorry bearing Reg. No.KL-11/118.5494 stated to be owned by the Society. But the vehicle was intercepted by the 2nd respondent. The goods belonging to the petitioner and other goods carried in the the same vehicle were taken into custody by the second respondent. Apparently, the goods now claimed by the petitioner was thereafter entrusted to 4th respondent's society presumably because the petitioner acts as an agent of the 4th respondent. W.P ( C) No.24072 of 2008 2 Apparently, the police had intercepted the vehicle and inspected the goods in connection with a complaint regarding theft of rubber sheets. Now that the goods have been taken into custody by the Police, in the cause of the investigation of a crime, it is only appropriate that goods be produced before the Jurisdictional First Class Magistrate Court. Thereafter, it is open to the petitioner, from whom the custody of the goods were taken by the police, to move an application before the Magistrate under Section 451 of the Cr.PC for release of the goods. Accordingly, 3rd respondent shall produce the goods in custody seized from the petitioner before the Jurisdictional First Class Magistrate Court, at the earliest, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Thereupon, the petitioner is entitled to move an application before the learned Magistrate, if so advised and maintainable under Section 451 of the Cr.P.C for release of the vehicle. (V.GIRI,JUDGE) ma W.P ( C) No.24072 of 2008 3 W.P ( C) No.24072 of 2008 4