IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 2ND FEBRUARY, 2010 / 13TH MAGHA, 1931 Crl.Rev.Pet.No. 4016 of 2009 (CRMP.1559/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM) .................... REVN. PETITIONER/PETITIONER: ---------------------------------------------- BHARAT, S/O.BHERULAL, 33 YEARS,102, WITHALWADI,2ND FLOOR, OFFICE NO.15, KALBA DEVI ROAD, MUMBAI, R/AT 101, KALPATHARU APARTMENT, MOTISHA LANE, MAZAGAON, MUMBAI HAVING LOCAL ADDRESS IN THIRUVANANTHAPURAM AJAYA BHAVAN, T.C.NO.40/1666(2),ATTAKULANGARA, MANACAUD, TVM-9. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENT(S): RESPONDENTS: ----------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM (THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). 2. ADDITIONAL DIRECTOR, ENFORCEMENT DIRECTORATE, COCHIN. BY PUBLIC PROSECUTOR SRI.JAYAKRISHNAN. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 4016 of 2009 B --------------------------------------------- Dated this the 2nd day of February, 2010 O R D E R This revision petition is directed against the order dated 2.11.2009 of the Court of the Judicial First Class Magistrate-II, Thiruvananthapuram in C.M.P.No.1559 of 2009 in Crime No.144 of 2007 of Fort Police Station. The above petition was filed under Section 451 of the Code of Criminal Procedure (for short 'the Cr.P.C.') to release the seized Indian currencies of Rs.6,11,000/- and one black colour suitcase involved in the above case to the custody of the petitioner. 2. From the impugned order, it appears that the above crime was registered under the provisions of the Foreign Exchange Management Act, 1999 (for short 'the FEMA') pursuant to the seizure of the currencies for an amount of Rs.6,11,000/- from the possession of two persons, Dileep Ambalal and Bowersen whereby Crl.R.PNO.4016 of 2009 :-2-: they have committed the offences which are in contravention of the provisions of Section 3(c) of the FEMA. The said amount is liable for confiscation to the Government account under the provisions of Section 13(2) of the FEMA. 3. According to the learned counsel for the petitioner, the petitioner/claimant is a licensed gold merchant and he used to sell gold ornaments to several jewelleries at Thiruvananthapuram. According to him, 2 Kgs. 178 Gms. and 800 Mgs. of gold ornaments were seized by the Sub Inspector of Police, Fort Police Station at about 11 pm on 8.3.2007. The said seizure was effected based upon information. It is the specific case of the petitioner that the currencies of Rs.6,11,000/- were entrusted with the workers of the petitioner and the same was also seized by the Police and subsequently, the gold ornaments were released by the court in favour of the petitioner. 4. As revealed from the order impugned, the investigation in the above crime is under progress and it Crl.R.PNO.4016 of 2009 :-3-: was, at that time, the petitioner approached the court below with the above prayer. It is also brought on record that the above currencies have already been released in favour of the Enforcement Authority. According to the learned Magistrate, considering the fact that the investigation is going on, the currencies cannot be released in favour of the petitioner, especially when the same have been already given to the possession of the investigating agency. It is also beyond dispute that the currencies were not seized from the possession of the revision petitioner. 5. In this juncture, it is also pertinent to note that by order dated 6.12.2007 in CMP 2324 of 2007, the court below had already passed an order dismissing the application filed by one Bowersen, who is one among the two persons from whom the currencies were seized. Subsequently, on application filed by the Additional Director, Enforcement Directorate, the currencies were given to the custody of the Enforcement Authorities vide Crl.R.PNO.4016 of 2009 :-4-: order dated 16.4.2008 in CMP No.838 of 2007. 6. I have carefully perused the impugned order from where it can be seen that the currencies sought to be released in favour of the petitioner are involved in a case involving the contravention of provisions of Section 3(c) of the FEMA and the amount is liable for confiscation to the Government account under the provisions of Section 13(2) of the FEMA. The currencies were already released in favour of the Additional Director, Enforcement Directorate and thus, the court has already passed an order under Section 451 of the Cr.P.C. and the currencies were not in the custody of the court below. It is for the trial court to decide as to how the property should be disposed of after conclusion of the trial. The investigation is so far not completed and no report is filed. Only after filing of the final report and only towards the end of the trial, the question of final disposal of the property will arise. Therefore, the impugned order is not tainted with any Crl.R.PNO.4016 of 2009 :-5-: illegality or irregularity so as to interfere by this Court with the said order in exercising the revisional power of this Court. In the result, there is no merit in the Crl.R.P. and the same is accordingly dismissed. sd/- V.K.Mohanan, Judge MBS/ -TRUE COPY- P.S.TO JUDGE. Crl.R.PNO.4016 of 2009 :-6-: V.K.MOHANAN, J. -------------------------------------------- Crl.R.P.NO. OF 200 ------------------------------------ -------- O R D E R Crl.R.PNO.4016 of 2009 :-7-: DATED: -10-2009 Crl.R.PNO.4016 of 2009 :-8-: