Disposed

Abdul Shukoor v. State of Kerala

Kerala HC17 Mar 2014Crl.MC/1367/2014

Case brief

AI extract

What is this about?

Criminal Misc. application under Section 482 CrPC for interim custody of a seized lorry and a direction to submit a test report on seized sand. The Magistrate Court reported that the lorry was already released and interim custody granted. The Court held the petition infructuous regarding the vehicle but directed the Magistrate to consider the petitioner's application for custody of the seized sand

What did the court decide?

No further direction granted as vehicle custody was resolved; petitioner directed to file a separate application for custody of the seized sand.

Abdul Shukoor Vs State of Kerala — Corruption | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

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MONDAY, THE 17TH DAY OF MARCH 2014/26TH PHALGUNA, 1935

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Crl.MC.No. 1367 of 2014

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CRIME NO. 969/2013 OF PALLITHOTTAM POLICE STATION , KOLLAM

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PETITIONER(S):

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ABDUL SHUKOOR, AGED 35 YEARS, SON OF MR.ABDUL RAHMAN, KATTEYATH PUTHEN PURAYIL HOUSE, ADINADU SOUTH, KATTILKADAVU P.O, KARUNAGAPPALLY, KOLLAM DISTRICT.

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BY ADV. SRI.N.ANILKUMAR

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031.

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2. THE SUB INSPECTOR OF POLICE, PALLITHOTTAM POLICE STATION, KOLLAM DISTRICT 691 006.

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3. THE DIRECTOR, REGIONAL GEOLOGICAL LABORATORY, THIRUVANANTHAPURAM 695 001.

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BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE P.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1367 of 2014

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE 1 TRUE COPY OF THE LICENCE ISSUED TO THE PETITIONER BY THE GEOLOGIST KOLLAM

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ANNEXURE 2 PHOTOSTAT COPY OF THE CASH MEMORANDUM DATED 05-04-2013 ANNEXURE 3 PHOTOSTAT COPY OF THE PETITION NO CMP 6665 OF 2013 FILED BY THE PETITIONER BEFORE THE JFCM COURT-II,KOLLAM

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ANNEXURE 4 PHOTOCOSTAT COPY OF THE C.M.P NO 7290/2013 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II KOLLAM

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ANNEXURE 5 PHOTOSTAT COPY OF THE ORDER DATED 27-11-2013 IN C.M.P NO 7290 OF 2013 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II,KOLLAM

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ANNEXURE 6 PHOTOSTAT COPY OF THE REPORT AND MAHAZAR DATED 30-11-2013

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

K. RAMAKRISHNAN, J.

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Crl.M.C.No.1367 of 2014

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Dated this the 17^th day of March, 2014.

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O R D E R

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This is an application filed by the petitioner for granting interim custody of the vehicle or in the alternative, call for test report at the earliest within a time frame under Section 482 of the Code of Criminal Procedure.

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It is alleged in the petition that the petitioner is a licenced dealer under Kerala Minor Mineral Concession Rules (Annexure-1) to stock and transport granite aggregates. As per Annexure-2 'P' Forms, he was transporting granite aggregates in his lorry. On 4.10.2013 the second respondent had intercepted his lorry bearing Reg. No.KL 23 D 7722 which was carrying 'M' sand on the assumption that it was river sand and registered a crime as Crime No.969/2013 of Pallithottam police station of Kollam district and seized the vehicle along with 'M' sand. The petitioner filed Annexure-3 petition before the Judicial First Class Magistrate Court-II, Kollam for interim custody of the vehicle and also filed Annexure-4 petition for taking sample and sent it for analysis

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Crl.M.C.No.1367 of 2014 2

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and that application was allowed as per Annexure 5 order and an Advocate Commissioner was deputed for taking sample and that Advocate Commissioner field Annexure 6 report. So far the vehicle has not been released. So he has no other remedy except to approach this Court seeking the following relief:

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i. Give the interim custody of the lorry No.KL-23-0-7722 (tipper lorry) which is kept in Pallithottam Police Station in Crime No.969 of 2013 on petitioner executing bond or giving security;

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ii. give a direction to the third respondent to submit the test report in Crime No.969 of 2013 of Pallithottam Police Station at the earliest within a stipulated time fixed by this Honourable Court.

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On the basis of the allegations made in the petition, this

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Court has called for a report from the Judicial First Class Magistrate Court-II, Kollam as to whether the report from the Director of Mining and Geology for Chemical Examination has been obtained in respect of the sample sand sent and today the learned Magistrate sent a report stating that it was received on 14.3.2014.

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When the application came up for hearing today ,the learned Public Prosecutor submitted on the basis of the report that the learned Magistrate has granted interim custody of the

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Crl.M.C.No.1367 of 2014 3

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vehicle to the petitioner. But counsel for the petitioner submitted that and no orders have been passed in respect of the sand and the police also released the vehicle after removing the sand from the vehicle. In the petition filed by him before this Court, the relief claimed was only in respect of interim custody of the vehicle, that has been granted. If the sand has not been given to the petitioner, the remedy of the petitioner is to approach the same court for custody of the sand as well. Since the prayer in the petition has been infructuous, there is no further direction required in this petition But, however if the petitioner files an application for interim custody of the alleged 'M' sand, which also was seized along with the vehicle, then the learned Magistrate is directed to consider the same and pass appropriate orders in accordance with law.

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With the above directions and observations, this petition is disposed of

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Office is directed to communicate this order to the concerned court immediately. Sd/-

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K. RAMAKRISHNAN, JUDGE.

/true copy/

P.S to Judge

Crl.M.C.No.1367 of 2014 4

Abdul Shukoor v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Shukoor v. State of Kerala

Case brief

What is this about?

What did the court decide?

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