IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Crl.MC.No. 3476 of 2011() ------------------------- CRMP.5118/2011 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER(S) :- ----------------------- MOHANAN NAIR, S/O. ACHUTHANANDAN NAIR, AGED 46 YEARS, KIZHAKETHI HOUSE, P.P.ROAD, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN SRI.T.S.RAJAN RESPONDENT(S)/COMPLAINANT :- -------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt APPENDIX PETITIONER(S) EXHIBITS :- ------------------------------------------ ANNEXURE I : TRUE COPY OF THE AUTHORIZATION LETTER ISSUED BY M/S. SUGUNA FEEDS, UDUMALPETTA, DTD.1.7.2011. ANNEXURE II: TRUE COPY OF THE BILL DTD.29.9.2011. ANNEXURE III: CERTIFIED COPY OF THE ORDER IN CRL.M.P.NO.5118/2011 DTD.4.10.2011 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ALATHUR. RESPONDENTS' EXHIBITS :- NIL ------------------------------------------- //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3476 of 2011 ----------------------------------- Dated this the 17th day of October 2011 O R D E R Petitioner is the consignee of poultry feeds covered by Annexure II bill. The total value of the same is shown to be Rs.1,95,140/-. The lorry in which it was consigned was intercepted and checked by the Excise Inspector, Alathur. The said lorry contained 554 litres of spirit. The spirit was seized; the lorry with the poultry feed was also seized. The driver and cleaner of the lorry were arrested and crime was registered, it is being investigated now. This petition is only for release of the poultry feed. 2. The learned counsel submits that the consignee was totally ignorant of the factum of transport of the spirit. Whatever that be, the poultry feed will get damaged and useless unless it is used within a reasonable time. There is no point in getting that article perished without being Crl.M.C. No.3476 of 2011 -: 2 :- utilised for the purpose for which it was consigned. Hence, this Crl.M.C. is disposed of with the following directions :- (i)If the petitioner produces bank guarantee to the tune of Rs.2,00,000/- or executes a bond for Rs.2,00,000/- with two solvent sureties; either the petitioner or one of the sureties will produce original title deed in respect of his immovable property besides the basic tax receipts to be produced by the petitioner and/or other executants of the bond. (ii)The petitioner will undertake that he will abide by the conditions that may be imposed by the court. N.K.BALAKRISHNAN, JUDGE. Jvt