IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Crl.MC.No. 3575 of 2009() ------------------------- AGAINST THE ORDER IN CMP 2077/2009 IN CMP.9207/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, PUNALUR .................... (CRIME NO.394/2008 OF THENMALA POLICE STATION) PETITIONER(S): PETITIONER: -------------------------------------------- PARAVUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY S.PARAVUR P.O., KOLLAM-691 301. BY ADV. MR.B.SURESH KUMAR RESPONDENT(S): STATE: -------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, THENMALA POLICE STATION. BY PUBLIC PROSECUTOR MR. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C..No. 3575 OF 2009 =========================== Dated this the 10th day of December,2009 ORDER Fifty three barrels of bitumin which was being transported without authorisation was seized by the police and produced before Judicial First Class Magistrate Court-I, Punalur in Crime No.394/2008 being investigated for the offences under sections 406 and 420 read with section 34 of Indian Penal Code. The engineer of the petitioner Municipality filed CMP 9207/2008 under section 451 of Code of Criminal Procedure for interim custody of the bitumin, contending that the bitumin belongs to the Municipality and it was obtained for the works of the Municipality from Indian Oil Corporation and by Annexure A5 Indian Oil Corporation intimated the Secretary of the Municipality that Rs.6,37,035/- and Rs.17,69,535/- being the cost of the bitumin were received by Indian Oil Corporation as DD and the bitumin was sent, to be delivered to the Municipality through M/s.Baabis Transport, Ambalamugal and it is the bitumin which was seized by the police in Crime 394/2008 and if the bitumin is retained it would be got destroyed and in such circumstance interim custody is to be granted. 2. Though originally learned Magistrate dismissed Crl.M.C.3575/2009 2 the petition by Annexure VI order, this court by Annexure VII order quashed that order and directed the Magistrate to consider the same afresh and pass appropriate orders. Learned Magistrate thereafter by Annexure VIII order found that except the Municipality nobody raised any claim over the bitumin which was seized by the police as early as 23.10.2008 and prima facie it is established that bitumin seized belongs to the Municipality and therefore Municipality is entitled to interim custody. Petition was allowed and interim custody was granted on executing a bond for Rs.1 lakh with two solvent sureties for the like sum. But though interim custody was granted it was directed that the bitumin shall be kept in the same condition and shall be produced by the Municipality as and when demanded by the court. This petition is filed under section 482 of the Code of Criminal Procedure to quash that condition though the prayer is to quash Annexure A8 order itself. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. By Anneuxre A8 order, learned Magistrate found that the bitumin seized by the police belongs to the Municipality and Municipality is entitled to interim custody of the same. The only grievance of the petitioner is against the condition in Annexure A8 order, that it Crl.M.C.3575/2009 3 shall be kept as such and shall be produced as and when demanded. 4. There is force in the submission of the learned counsel appearing for the petitioner that if the bitumin is to be kept as such, till the disposal of the case, when even a final report is not yet submitted it would result in public loss. The bitumin cannot be used later, once it is damaged. In such circumstance in the absence of any other claimants the order in Annexure A8 order prohibiting the municipality from using the bitumin and the direction to retain the same in the same condition is quashed. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006