Allowed

Rajendran Vijay Anand v. State of Kerala

Kerala HC9 Jul 2024Crl.MC/2324/2024

Case brief

AI extract

What is this about?

A transporter's vehicle carrying fire crackers was seized and his application for interim custody was rejected by the Magistrate. The High Court, relying on Sunderbai Ambalal, set aside the order and released the fire crackers on conditions including inventory preparation and an affidavit undertaking.

What did the court decide?

Impugned order set aside; fire crackers seized in Crime No.485/23 ordered released to petitioner on inventory and affidavit conditions

Rajendran Vijay Anand Vs State of Kerala — Property and Title | Kerala HC (2024)

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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 BECHU KURIAN THOMAS

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TUESDAY, THE 9TH DAY OF JULY 2024 / 18TH ASHADHA, 1946

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CRL.MC NO. 2324 OF 2024

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CRIME NO.485/2023 OF KANNUR TOWN, KANNUR

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PETITIONER/PETITIONER:

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RAJENDRAN VIJAY ANAND
AGED 48 YEARS
S/O. M. RAJENDRAN AGED 48 YEARS 1592A, PKN STREET,
SIVAKASI, VIRUDHUNAGAR DISTRICT, TAMILNADU STATE,
PIN – 626 189

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BY ADVS.Praveen Hariharan
 G.HARIHARAN(K/66A/1976)
 K.S.SMITHA(K/106/2012)
 AMAL DEV D(K/001570/2018)
 SNEHA M.S.(K/001669/2023)
 ABHIJITH E.R.(K/000352/2021)

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 THE STATION HOUSE OFFICER KANNUR TOWN POLICE STATION. KANNUR DISTRICT -, PIN - 670002

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*3S NAGARAJ,
AGED 48 YEARS,
SON OF SUBBURAJ, VELAPPA GOUNDER STREET, 5 OOR,
COIMBATORE NORTH, COIMBATORE, TAMIL NADU-641 029.
(R3 IS IMPLEADED AS ADDITIONAL RESPONDENT 3 AS PER ORDER
DATED 04.04.24 IN Crl.m.a. No.04/2024.
R3 BY ADV T.T.SHANIBA
R1 & R2 BY SRI.ASHI M.C.,PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 2324 OF 2024

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BECHU KURIAN THOMAS, J

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- - - - - - - - - - - - - - - - - - - - - - -

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Crl.M.C. No. 2324 of 2024

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- - - - - - - - - - - - - - - - - - - - - - -

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Dated this the 09^th day of July, 2024

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O R D E R

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Petitioner is the owner of vehicle bearing registration No.TN-84 E-2183. As a transporter, petitioner claims to have carried fire crackers on behalf of the 3^rd respondent to be delivered at different places in Kerala. However, on 07.04.2023 at around 6 p.m. petitioner’s vehicle was intercepted and was seized, suspecting commission of an offence. An FIR was registered as Crime No.485/23 of Kannur Town Police Station. Subsequently, petitioner filed an application for release of the vehicle along with fire crackers as CMP No.2220/23 before the Judicial First Class Magistrate Court-I, Kannur. By order dated 03.05.2023 the learned Magistrate allowed the application in part and directed the release of the lorry on conditions. Later, after the final report was filed, petitioner filed another application as CMP No.6866/23, seeking release of the fire crackers on interim custody. By the impugned order, the learned Magistrate dismissed the said

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CRL.MC NO. 2324 OF 2024

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application. The petitioner challenges the said order rejecting his application for interim custody of the fire crackers.

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I have heard Sri. Geen T. Mathew, learned counsel for the petitioner, Sri.Ashi M.C., learned Public Prosecutor and Smt.T.T. Shaniba learned counsel for the additional 3^rd respondent.

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The report of the Forensic Science Laboratory produced as Annexure A2 reveals that materials seized from the vehicle belonging to the petitioner were fire crackers. Obviously the provisions of Explosives Act will have no application. In fact the Police has taken steps to alter the Section by deleting Section 9 of the Explosives Act, 1884. Since it has been revealed that what were being transported by the petitioner were only fire crackers, detaining it further, would serve no purpose. This Court wonders whether the fire crackers itself would have become practically useless due to long lapse of time.

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In the decision in Sunderbai Ambalal & Others v. State of

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Gujarat [2020 (10) SCC 283] it has been observed that articles that are perishable in nature should not be detained in police custody for long and the same should be released on appropriate conditions. Fire crackers being a perishable commodity, the learned Magistrate went

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CRL.MC NO. 2324 OF 2024

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wrong in denying release of custody of the fire crackers to the petitioner, especially after obtaining Forensic Science Laboratory report and even the final report was filed revealing that the article were only fire crackers. In such circumstances, I set aside the impugned order dated 18.12.2023 and direct the fire crackers seized in Crime No.485/23 of Kannur Town Police Station be released to the petitioner

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with the following conditions:

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(i) The Investigating Officer shall prepare an inventory of the fire crackers before releasing it to the petitioner, within a period of five days from the date of receipt of a copy of this order.

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(ii) Petitioner shall file an affidavit undertaking that he shall not dispute the identity of the fire crackers during trial and also to participate in the trial without any default.

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Crl.MC is allowed as above.

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Sd/-

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BECHU KURIAN THOMAS

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JUDGE

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ttb/10/07/24

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Corrigendum Dated 22.07.2024

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The name of the Advocate “Sri.Geen T. Mathew” shown in
paragraph 2 of this order shall stand deleted and substituted with
“Sri.G.Hariharan”.

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Sd/-

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BECHU KURIAN THOMAS

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JUDGE

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CRL.MC NO. 2324 OF 2024

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APPENDIX OF CRL.MC 2324/2024

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PETITIONER’S ANNEXURES :

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`Annexure A1`	`TRUE COPY OF THE ORDER IN C.M.P NO.2220` `OF 2023 IN CRIME NO.485 OF 2023 OF KANNUR` `TOWN POLICE STATION BEFORE THE JUDICIAL`
	`FIRST CLASS MAGISTRATE - I, KANNUR DATED` `03.05.2023`
`Annexure A2`	`TRUE COPY OF THE FSL REPORT NO.CHE-` `91/23/B1-1986/2023/DFSL/KNR` `DATED`
	`23.09.2023 ISSUED BY THE DISTRICT`
	`FORENSIC SCIENCE LABORATORY , KANNUR`
`Annexure A3`	`TRUE COPY OF THE PETITION C.M.P NO. 6866` `OF 2023 IN C.C NO.1230 OF 2023 BEFORE THE` `JUDICIAL FIRST CLASS MAGISTRATE - I,` `KANNUR`
`Annexure A4`	`CERTIFIED COPY OF THE ORDER IN C.M.P NO.` `6866 OF 2023 IN C.C NO.1230 OF 2023` `BEFORE THE JUDICIAL FIRST CLASS` `MAGISTRATE - I, KANNUR DATED 18.12.2023`
`Annexure A5`	`A TRUE COPY OF THE FINAL REPORT FILED BY` `THE KANNUR POLICE STATION IN CRIME` `NO.485/2023 BEFORE THE JFCM-I KANNUR`
`Annexure A6`	`A TRUE COPY OF LICENSE NO.225/2021` `PERMITTING POSSESSION AND SALE OF` `FIREWORKS DATED 17/09/2021 ISSUED BY THE` `DISTRICT REVENUE OFFICER, VIRUDHUNAGAR,` `TAMIL NADU`
`Annexure A7`	`A TRUE COPY OF THE ORDER DATED 1/11/2023` `PASSED IN WP(MD) NO. 26188/2023`
`Annexure A8`	`A TRUE COPY OF THE ORDER DATED 26/10/2023` `PASSED IN WP(MD) NO.25951/2023`
`Annexure A9`	`A TRUE COPY OF NOTICE DATED 13/04/2024` `ISSUED BY JFCM-I KANNUR`

Rajendran Vijay Anand v. State of Kerala

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Rajendran Vijay Anand v. State of Kerala

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