IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 Crl.Rev.Pet.No. 373 of 2008() ----------------------------- CRMP.371/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA CRIME NO. 18/2008 of MELATTOOR POLICE STATION .................... REVN. PETITIONER: --------------------- AKBAR, S/O. MARAKKAR, AMBALAPARAMBIL HOUSE, VATTAMANNAPURAM, MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ----------------- THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, MELATTOOR POLICE STATION -THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI – 31. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11.02.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 373 of 2008 ========================== Dated this the 11th day of February, 2008. ORDER The petitioner, who claims to be the owner of an autorickshaw bearing Registration No. KL-50-3831 allegedly seized by the Sub Inspector of Police, Melattoor in connection with crime No. 18/2008 registered under Section 13 r/w Section 63 of the Kerala Abkari Act, sought interim custody of the said vehicle by filing an application under Section 457 Cr.P.C. The said application was dismissed as per the impugned order dated 31.01.2008 for the reason that since the vehicle has been produced before the Authorised Officer, the power to deal with the vehicle vests with the Authorised Officer. The learned Magistrate is right in his conclusion in view of the provision in Rule 4 (2) of the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996 as interpreted by this Court in Prasad v. Sub Inspector of Police (2000(2) KLT 790). Hence, without prejudice to the right of the petitioner to move the Authorised Officer for interim custody in accordance with the aforesaid rule, this revision is dismissed. V. RAMKUMAR, JUDGE. rv