Sarafudheen.M.P vs Sub Inspector Of Police on 26 November, 2009

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Kerala High Court

Sarafudheen.M.P vs Sub Inspector Of Police on 26 November, 2009

Bench: P.N.Ravindran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33265 of 2009(C)


1. SARAFUDHEEN.M.P,S/O.MAYAN,3/299,
                      ...  Petitioner
2. SHOUKATHALI.C.P,S/O.ABOOBACKER,

                        Vs



1. SUB INSPECTOR OF POLICE,PALAKKAD SOUTH
                       ...       Respondent

2. DY.SUPERINTENDENT OF POLICE,

3. STATE OF KERALA,REPRESENTED BY CHIEF

                For Petitioner  :SRI.HARISANKAR V. MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :26/11/2009

 O R D E R
                      P.N.RAVINDRAN, J
                          -------------------
                       W.P.(C).33265/2009
                          --------------------
         Dated this the 26th day of November, 2009

                          JUDGMENT

The petitioners are owners of contract carriages. Their vehicles together with the live chicken carried therein, were intercepted and seized on 14.11.2009 on the allegation that they were used to transport live chicken from the State of Tamil Nadu in which process, the dealer who had hired their vehicles had used forged negotiable instruments to pay the sales tax on the goods transported by the petitioner. This writ petition is filed aggrieved by the delay on the part of the respondents in releasing the petitioners' vehicles. The petitioners contend that under Section 51 of the VAT Act, they are only bound to ensure the proper documents accompany the goods transported and that no liability can be fastened on them if a forged negotiable instrument is used to pay sales tax. On this ground they challenge the continued detention of their vehicles. In this writ petition, the petitioners seek a direction to the respondents to forthwith release their vehicles.

2. The learned Government Pleader appearing for the respondents submits on instructions that the petitioners' W.P.(C).33265/09 2 vehicles were seized in connection with Crime No.333/09 and 315/09 of Palakkad South Police Station and that after the seizure, the vehicles were produced before the Judicial Magistrate of First Class, Chittoor. The learned Government Pleader submits that as the vehicles have already been produced before the competent criminal court, it is for the petitioners to move that court under Section 451 and 457 of the Code of Criminal Procedure.

In my opinion as the petitioners' vehicles have been seized in connection with two crimes and a report has already been filed in the competent criminal court and the vehicles were also produced before the learned Magistrate, the petitioners should move the court below seeking release of their vehicles either under Section 451 or 457 of the Code of Criminal Procedure. Without prejudice to such right and reserving liberty with the petitioner to move the competent court, the writ petition is closed. The court below shall endeavour to pass orders on the petitioners' applications for release of their vehicles expeditiously. The petitioners' contentions on the merits are kept open.

P.N.RAVINDRAN, Judge mrcs

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