Disposed

Krishnakumar v. State of Kerala

Kerala HC8 Mar 2016Crl.MC/1121/2016

Case brief

AI extract

What is this about?

The High Court distinguished between banned tobacco articles and taxable cigarettes seized from the petitioner. It refused release of banned Hans cigarettes but ordered release of scissor filter cigarettes upon payment of applicable tax to the State.

What did the court decide?

Refused release of banned Hans cigarettes; directed release of scissor filter cigarettes to petitioner upon payment of necessary tax.

Krishnakumar Vs State of Kerala — Specific Performance | Kerala HC (2016)

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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 B.KEMAL PASHA

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TUESDAY, THE 8TH DAY OF MARCH 2016/18TH PHALGUNA, 1937

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Crl.MC.No. 1121 of 2016 ()

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AGAINST THE ORDER IN CRMP 114/2016 of J.M.F.C.,CHITTUR DATED 21-01-2016 CRIME NO. 15/2016 OF MEENAKSHIPURAM POLICE STATION , PALAKKAD

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PETITIONER/ACCUSED

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KRISHNAKUMAR S/O.UPENDRANATHAN NAIR, RAMANILAYAM SOUTH VELLARIPPALLI, ALUVA, ERNAKULAM.

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BY ADV. SRI.C.P.UDAYABHANU

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RESPONDENT/COMPLAINANT

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STATE OF KERALA REPRESENTED BY THE SI OF POLICE MEENAKSHIPURAM POLICE STATION (CRIME NO. 15/2016), REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

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BY PUBLIC PROSECUTOR SMT. P.MAYA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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tga.

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Crl.MC.No. 1121 of 2016

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE-A. CERTIFIED COPY OF THE ORDER IN CRL.MP NO.114/2016 DATED 21/1/2016.

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RESPONDENT(S)' EXHIBITS --------------------------------------NIL.

- True Copy -

PA to Judge

tga.

B.KEMAL PASHA, J.

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================ Crl.M.C. No. 1121 of 2016

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=======================

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Dated this the 8^th day of March, 2016

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O R D E R

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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Crime No.15/2016 of the Meenakshipuram Police Station, Palakkad, has been registered for the offence under Section 118(i) of the Kerala Police Act, 2011 and Section 6 read with Section 24 of the Cigarette and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, alleging that the petitioner was found transporting 7200 packets of 'scissor filter' cigarettes and 25,000 packets of Hans, by mini lorry bearing registration No.KL-41-K-4009. The vehicle and products were seized by the Excise

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Crl.M.C. No. 1121 of 2016

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-: 2 :-

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Inspector at the Meenakshipuram Check Post.

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Even though the petitioner has approached the court below for the release of the lorry as well as the products, the court below has granted the interim custody of the mini lorry alone and refused the request for the release of the products, through Annexure-I order. The said order is under challenge.

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On hearing either side, it has come out that as far as 25,000 packets of Hans are concerned, the same are banned articles and its transportation itself is an offence. Therefore, the said item cannot be released to the interim custody of the petitioner.

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As far as 7200 packets of scissor filter cigarettes are concerned, the transport of the said article cannot invite any offence. Matters being so, the said article can be ordered to be released to the petitioner, in case, tax for the same has been paid. The petitioner shall pay the necessary tax for the said quantity of cigarettes and again approach the court

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Crl.M.C. No. 1121 of 2016

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-: 3 :-

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below with a request for interim custody of the said quantity of cigarettes, after satisfying the court below that tax has been paid.

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With that liberty to the petitioner, this Crl.M.C. is disposed of.

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Sd/- B.KEMAL PASHA, JUDGE

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stu

Krishnakumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Krishnakumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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