IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Crl.MC.No. 819 of 2009() ------------------------ CMP.11301/2008 of JUDL.MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA CRIME NO.276/08 OF SOORANAD POLICE STATION .................... PETITIONER(S): COMPLAINANT ----------------------------------- RAJESH PATHROSE,S/O.PATHROSE,PRASANTH BHAVANAM, AMBALATHUMBHAGAM MURI, PORUVAZHY VILLAGE KUNNATHOOR TALUK, KOLLAM. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): STATE AND COMPLAINANT ----------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR,SOORANAD POLICE STATION,KOLLAM DISTRICT. 3. THE SUB INSPECTOR, PARASSALA POLICE STATION,THIRUVANANTHAPURAM DISTRICT. 4. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 819 OF 2009 = = = = = = = = = = = = = = = Dated this the 11th day of March, 2009. O R D E R This petition is filed with a prayer to quash Annexure E order. The learned Magistrate dismissed the application for interim custody of the petitioner's vehicle u/s 451 Cr.P.C. on the ground that the property was not produced in the case and therefore the petition was rejected. The trend of the case appears to be that a stolen vehicle had been used for the purpose of illicit transport of spirit and a case is registered under the Abkari Act. Whatever it may be, when a vehicle is seized whether it is stolen or otherwise, it requires to be produced before a competent legal authority so that a person who is aggrieved can move the appropriate Court for relief. So with a direction to the prosecuting agency to produce the vehicle before appropriate authority so as to enable the person aggrieved to invoke the provisions of the Criminal Procedure Code, this Crl.M.C is closed. M.N. KRISHNAN, JUDGE. ul/-