IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).NO. 10715 OF 2011(L) ----------------------------------------- PETITIONER(S): ------------------------- ABBAS, BADARIYA MANZIL, KOZHIKODE MEKKUM MURI, AYANIVELIKULANGARA VILLAGE. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION, KARUNAGAPPALLY, KOLLAM. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.10715 of 2011 ==================================== Dated this the 04th day of April, 2011 J U D G M E N T Petitioner is accused in Crime No.212 of 2011 of Karunagappally Police Station for offences punishable under Sections 3 and 7(1)(a)(ii) of the Essential Commodities Act and Clause 16 of the Kerala Kerosene Control Order, 1968. It is alleged that on 22.01.2011 petitioner was found unauthorisedly stocking 630 liters of blue kerosene in three barrels without authority. The police is said to have seized the said quantity of kerosene along with two empty barrels, measurement pots, etc., as per a mahazar drawn at the scene of occurrence. Petitioner would contend that he has not committed any offence. According to the petitioner by virtue of Exts.P4 to P10, permits the fishermen referred to therein were allowed to collect kerosene from the Depot and, those fishermen executed Exts.P2 and P3, agreements in favour of petitioner authorising him to collect kerosene on their behalf, keep the same and deliver it at the places where those fishermen are. According to the learned counsel, kerosene seized from petitioner was not meant for sale and no offence is involved. It is also contended that since W.P(C) No.10715 of 2011 -: 2 :- kerosene stocked by petitioner is meant for the fishermen referred to in Exts.P4 to P10 and under Exts.P2 and P3 petitioner is obliged to deliver the same to those fishermen, the kerosene in the custody of police may be returned to the petitioner on appropriate conditions. I have learned Public Prosecutor also. 2. The question whether the defence set up by petitioner is acceptable and if so any offence is made out, is not a matter which this Court is required to decide in a proceeding under Article 226 of the Constitution. That is a matter which the trial court has to decide. Hence I do not intent to go into that question. 3. So far as the request to release the kerosene to the custody of petitioner is concerned, that is a matter which petitioner has to urge before learned Magistrate by moving appropriate application. Without prejudice to the right of petitioner to take appropriate plea/defence before the learned Magistrate and request learned Magistrate to release the articles seized this Writ Petition is closed. THOMAS P. JOSEPH, JUDGE. vsv