Kerala High Court
Pazhani Sami @ Palani Swami vs The State Of Kerala on 13 January, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 3RD DAY OF MARCH 2017/12TH PHALGUNA, 1938
Crl.MC.No. 1518 of 2017 ()
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AGAINST THE ORDER/JUDGMENT IN CMP 173/2017 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-I,THIRUVANANTHAPURAM DATED 13-01-2017
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CRIME NO. 1980/2016 OF KARAMANA POLICE STATION , THIRUVANANDAPURAM
PETITIONER(S)/PETITIONER:
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PAZHANI SAMI @ PALANI SWAMI
89, SRK STREET, SENGOTTAI,
THRUNELVELI (DT)
BY ADVS.SRI.K.K.VIJAYAN
SRI.K.R.RAJESHKUMAR
SMT.J.PONNI
RESPONDENT(S)/RESPONDENT/COMPLAINANT:
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THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682031
BY T.R.RANJITH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1518 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE A1 TRUE COPY OF REMAND APPLICATION
ANNEXURE A2 CERTIFIED COPY OF ORDER IN CMP.NO. 173/2017 IN CRIME
NO. 1980/2016 KARAMANA POLICE STATION, THE COURT OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT I, THIRUVANANTHAPURAM
RESPONDENT(S)' EXHIBITS NIL
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//TRUE COPY//
PA TO JUDGE
R.AV
SUNIL THOMAS, J.
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Crl.M.C.No.1518 of 2017
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Dated this the 3rd day of March, 2017
ORDER
The petitioner is the RC owner of the Mahindra Bolero Pick Up Van bearing Registration No.TN-79A-3184, which was involved in Crime No.1980/2016 of Karamana Police Station for offences punishable under sections 279, 188 and Section 34 of the Indian Penal Code, Section 118 (1) of the Kerala Police Act and Section 6 (b) read with Section 24 of the Cigarettes and Other Tabacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce Production, Supply and Distribution) Act, 2003. The petitioner filed CMP.No.173 of 2017, seeking interim custody of the vehicle invoking section 451 Cr.P.C. The court below after hearing the learned counsel for the petitioner and the learned Public Prosecutor, allowed the application subject to certain conditions. The petitioner assails the above order on a premise that conditions No.1 and 2 are onerous conditions and incapable of the performing and have the effect of denying him the right of Crl.M.C.No.1518 of 2017 2 interim custody. The learned counsel for the petitioner pointed out that in spite of the fact that order was passed on 13.1.2017, he could not release the vehicle due to the conditions incorporated therein.
2. I have heard both sides.
3. Though the allegation of the prosecution is that, prohibited tobacco products like Shambhu, Hans and Chaini were allegedly transported, the contention of the learned counsel for the petitioner is that, it is the offence that is sought to be prosecuted, though provision for confiscation is provided under the statue. Having considered this, as well as the principle laid on by the Supreme Court in Shihab etc V State of Kerala & Another (2016(2) KLD 366 (SC))], which can also be adopted herein, I am inclined to modify conditions No.1 and 2. It is directed that:
(1) The petitioner herein shall deposit a sum of Rs.25,000/- in court and execute a bond for a sum of Rs.1,50,000/- with two sureties for the like sum each to the satisfaction of the court below.
Crl.M.C.No.1518 of 2017 3
(2) He shall produce the original RC book, which shall be kept in court until further orders and certified copy of the RC book will be issued to him, which can be used by him for all legal and practical purposes. All other conditions imposed by court below will remain and it will subject to the confiscation proceedings, if any, initiated.
It is made clear that regarding the release of the R.C book, the court below will free to pass appropriate orders in future.
Crl.M.C is disposed of accordingly.
Sd/-
SUNIL THOMAS, JUDGE R.AV //True Copy// PA to Judge