The Court allowed a criminal miscellaneous petition filed by an accused challenging the dismissal of an application for interim custody of seized currency notes, ordering their release based on Supreme Court precedent.
The learned Magistrate shall release the currency notes totaling to Rs.10240/- to the petitioner accused.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932
Crl.MC.No. 636 of 2010()
-----------------------CMP.6860/2009 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA
PETITIONER(S): ACCUSED
M.A.AKBAR, AGED 28 YEARS, EDAKKUNNAM MADATHIL, PARATHODU, KANJIRAPPALLY, KOTTAYAM NOW RESIDING AT 37/48, MUNICIPALITY LANE, UPPER BAZAR OOTTY MUNCIPALITY, NILAGIRI, TAMIL NADU.
BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL
RESPONDENT(S): RESPONDENT
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.S.U.NAZAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
= = = = = = = = = = = = =
Crl.M.C..No.636 of 2010
= = = = = = = = = = = = = = Dated this the 25th day of May, 2010
ORDER
Petitioner who is the accused in Crime No.486 of 2009 of Mavelikkara Police Station, now pending as C.C.No.866 of 2009 on the file of the J.F.C.M-I, Mavelikkara, challenges Annexure I order dated 25.11.2009, as per which the learned Magistrate has dismissed his application filed as C.M.P.No.6860 of 2009 for interim custody, under Section 451 Cr.P.C, of the currency notes totaling to Rs.10240/- allegedly seized from the accused.
This Crl.M.C is allowed as above.
Dated this the 25th day of May, 2010.
V. RAMKUMAR, JUDGE
sj
1 issue framed by the court
Whether currency notes seized from the accused and not forming the subject matter of the offence should be released on interim custody.
Colour shows how this judgement treated each authority
Sunderbai Ambalal Desai v. State of GujaratRelied on¶23
Sunderbai Ambalal Desai v.State of Gujarat (SC 2003(2) KLT 1089)
1 provisions across 1 enactments
M.A. Akbar
State of Kerala
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
V. Ramkumar
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