Disposed

Shabu v. State of Kerala

Kerala HC12 Feb 2009Crl.MC/400/2009

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the petitioner sought release of a lorry seized and re-seized by police. The Court remanded the matter to the Magistrate to decide a pending application for release after hearing both sides, addressing disputes regarding maintainability and competency to release under the Act.

What did the court decide?

Directed the Magistrate to consider a pending application for release after hearing both sides and pass appropriate orders within three weeks.

Shabu Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2009)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 Crl.MC.No. 400 of 2009() --------------------------------CRMP.1045/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PONNANI .................... PETITIONER(S): ---------------------SHABU, AGED 34 YEARS, S/O.FRANCIS, CHETHANEL HOUSE, PEVAKAM, VAZHAPPILLY POOKKODU VILLAGE, CHAVAKKAD TALUK, THRISSUR DIST. (OWNER OF A LORRY BEARING REGISTRATION NO.KL-8-AJ- 9873.) BY ADV. MR.P.M.ZIRAJ

¶3

RESPONDENTS/RESPONDENT: --------------------------------------------

¶4

STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM BY SUB INSPECTOR OF POLICE, PERUMPADAPPU POLICE STATION.

¶5

BY DIRECTOR GENERAL OF PROSECUTIONS MR.GOVINDAN NAIR

¶6

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶7

Rs/

¶8

M.N. KRISHNAN, J

¶9

CRL.M.C.No. 400 OF 2009

¶10

Dated this the 12^th day of February, 2009

¶11

O R D E R

¶12

This petition is filed to direct the respondents to release the vehicle of the petitioner bearing registration No. KL-8 AJ-9873. The vehicle was seized on 7.10.2008. Annexure A2 order would show that the Judicial First Class Magistrate Court, Ponnani had directed the Perumpadappu police to release the vehicle and to that effect an official memorandum has been issued on 3.11.2008. It is the grievance of the petitioner that the said order is not properly complied and the police authorities had obtained a signature in the Kacheet and not released the vehicle holding that it is necessary to withhold the release of the vehicle. But Sub Inspector of Police would inform the court that the vehicle was released in compliance with the Annexure A2 order and it was seized again on 8.15 a.m on 4.11.2008 when the empty lorry of the petitioner was parked near the road side without driver with an intention to report the same to the District Collector for taking an action against the vehicle under the provisions of Kerala Anti Social Activities Prevention Act. So it has to be stated from the materials available that there has been

¶13

Crl.M.C. 400/2009

¶14

-2-

¶15

a release of the vehicle in pursuance or the order passed by the Judicial First Class Magistrate, Ponnani and subsequently a seizure on the next day for contravening the provisions of the Kerala Anti Social Activities Prevention Act, 2007. The learned counsel for the petitioner would submit before me that a petition is pending before the concerned Magistrate for the release of the vehicle as shown in Annexure A4, whereas the learned Director General of prosecution would submit that the competent person to release the vehicle under the Kerala Anti Social Activities Prevention Act, 2007 is the District Collector or the authorised officer as the case may be. Since an application pending before the Magistrate, I direct the learned Magistrate to consider that application after hearing both sides and pass appropriate orders making it clear that the very maintainability of that petition is in dispute as raised by the State. The learned Magistrate shall endevour to dispose of the petition within three weeks from the date of receipt of copy of the order.

¶16

With these observations the Crl.M.C is disposed of.

¶17

M.N. KRISHNAN,JUDGE

¶18

vkm

Shabu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shabu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Jaison Vs State of Kerala

Satheesan Vs State of Kerala and Another

Sajeev Varghese Alias Saji Vs Ani C.Abraham

Samseed.T Vs the Sub Inspector of Police, Mavoor

Pradhosh Vs State of Kerala

Rias Vs Sameera