IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 37744 of 2009(K) -------------------------- PETITIONER: --------------- EBIN RAJAN, S/O. GEORGE RAJAN, ASWATHY, PUTHICHIRA, UMAYANALLOOR.P.O, KOLLAM, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER THOMAS BEN, AGED 40 YEARS, S/O. BEN CRUZ, KADAYIL HOUSE, NEENDAKARA.P.O, KOLLAM DISTRICT. BY MR.R.SATISH KUMAR, ADVOCATE RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE DISTRICT SUPPLY OFFICER, KOLLAM. 4. THE SUB INSPECTOR OF POLICE, PARIPPALLY, KOLLAM. BY MR.P.NARAYANAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.37744 OF 2009 --------------------------------------- Dated this the 13th day of January, 2010. J U D G M E N T The petitioner is the registered owner of a TATA Lorry bearing Registration No.KL-02/AC.1574 which was being used as Goods Carriage for transporting kerosene and other articles. The vehicle was seized by the 4th respondent Sub Inspector of Police on 01.10.2009 at a place near Anchuthengu. 2. The petitioner contends that the transportation of kerosene was with a valid permit. A crime as crime No.596/2009 has been registered by the police and records have been forwarded to the Munsiff Magistrate Court, Paravoor. The learned Magistrate dismissed the application for interim custody of the vehicle filed under Section 451 Cr.P.C taking a view that it was sent to the 2nd respondent Collector. 3. Even though a claim petition was filed by the petitioner before the District Collector as per Exhibit P3, the same was kept pending by which the petitioner approached this Court by filing W.P.(C) No.37744/2009 2 W.P.(C) No.29919/2009. Therein this Court directed the District Collector to pass an order after assessing various materials. Finally, the District Collector has passed Exhibit P6 order. In Exhibit P6, after finding that transportation of kerosene was illegal and in violation of the Essential Commodities Act, confiscation of kerosene has been ordered. For enabling the police to proceed with the prosecution itself, the vehicle has been entrusted to police custody till completion of the prosecution proceedings. This is under challenge in this writ petition. 4. Learned Government Pleader pointed out that since a crime is already registered and final report has already been filed before the court, the remedy of the petitioner is to approach the criminal court again. It is seen from Exhibit P6 that the vehicle has been directed to be kept in police custody. The 2nd respondent will therefore, direct the 4th respondent to produce the vehicle before the Munsiff Magistrate Court, Paravoor in the light of registration of Crime No.596/2009 and appropriate orders will be passed within a period of one week from the date of production of a copy of this W.P.(C) No.37744/2009 3 judgment. The petitioner will be entitled to move the learned Magistrate for interim custody of the vehicle under Section 451 Cr.P.C thereafter. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp