Kerala High Court
Pradeepan vs State Of Kerala on 22 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:78379
CRL.MC NO. 7489 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
CRL.MC NO. 7489 OF 2024
CRIME NO.305/2024 OF PUDUNAGARAM POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED 23.07.2024 IN CMP NO.2514 OF
2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS, CHITTUR
PETITIONER/PETITIONER :
PRADEEPAN, AGED 46 YEARS
S/O. GOPI, KONUTHARAKIZHAKKETHARA,
VALAMANGALAM SOUTH,
EAST OF THURAVOOR PANCHAYATH,
THURAVOOR, ALAPPUZHA DISTRICT, PIN - 688 532.
BY ADVS.
K.R.VINOD
M.S.LETHA
GANESH CHANDRAN S.
ISMAIL SHAHAR
RESPONDENT/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:78379
CRL.MC NO. 7489 OF 2024
2
BECHU KURIAN THOMAS, J
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Crl.M.C.No.7489 of 2024
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Dated this the 22nd day of October, 2024
ORDER
Petitioner's application for custody of firecrackers has been dismissed, which order is impugned in this petition.
2. Petitioner claims to be the holder of an Explosive Licence No.487/ALP issued under the provisions of Explosive Rules, 2008. The explosives/firecrackers allegedly purchased by the petitioner was being transported in a vehicle bearing registration No.TN-39/CH-8411, which was intercepted by the SHO, Pudunagaram Police Station, Palakkad and on noticing violation of certain provisions of the Explosives Act, and the Kerala Police Act, 2011, a crime was registered as FIR No.305/2024 and the explosives were seized. Subsequently petitioner filed an application as CMP No.2514/2024 before the Judicial First Class Magistrate Court-I, Chittur, for interim custody of the explosives. However, the learned Magistrate, by the impugned order dated 23.07.2024, dismissed the application, after noticing that the alleged firecrackers seized from the 2024:KER:78379 CRL.MC NO. 7489 OF 2024 3 petitioner weighed around 600 Kg. while the petitioner's licence enabled him to store only 50 Kg. of fireworks. Petitioner challenges the aforesaid order.
3. In the meantime, investigation has been completed and final report has also been filed, which is now pending as C.C.No.722/2024 on the files of the Judicial First Class Magistrate Court, Chittur.
4. I have heard Sri.K.R.Vinod, the learned counsel for the petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.
5. It is evident from Annexure-A1 licence that though there is a reference to possess and sell 500 kg. of Chinese crackers + 100 kg. of manufactured fireworks; those are only general stipulations, and what is permitted under the licence is only possession and sale of 50 Kgs. of manufactured fireworks.
6. Since it has come out from the records produced by the petitioner itself that he is entitled to possess and sell only 50 kgs. of manufactured fireworks, the impugned order of the learned Magistrate cannot be said to be perverse or illegal since the petitioner requested for release of the entire explosives.
7. As the petitioner is entitled to possess and sell only 50 kgs., any claim 2024:KER:78379 CRL.MC NO. 7489 OF 2024 4 put forth by the petitioner for the said quantity can be positively considered by the learned Magistrate. However, since the application filed by the petitioner was for the entire quantity of 600 kgs., the impugned order does not warrant any interference.
8. Notwithstanding the above, if the petitioner is interested to obtain release of 50 kgs. of fireworks from the quantity seized by the Police, certainly he is at liberty to do so, through a fresh application.
9. Hence, this Crl.M.C. is dismissed reserving the liberty of the petitioner to seek release of 50 kgs. out of the fireworks, seized by the Police in Crime No.305/2024 of Pudunagaram Police Station, Palakkad, through an appropriate application before the trial court.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/22/10/2024 2024:KER:78379 CRL.MC NO. 7489 OF 2024 5 APPENDIX OF CRL.MC 7489/2024 PETITIONER ANNEXURES ANNEXURE A1 THE COPY OF THE EXPLOSIVE LICENCE NO.487/ALP ISSUED IN FAVOUR OF THE PETITIONER ANNEXURE A2 THE COPY OF THE PROCEEDINGS OF RENEWAL OF LICENCE WITH ORDER OF RENEWING LICENCE DATED 25.03.2022 OF ADDITIONAL DISTRICT MAGISTRATE, ALAPPUZHA ANNEXURE A3 THE COPY OF THE F.I.R.NO.305/2024 OF PUDUNAGARAM POLICE STATION, PALAKKAD, ANNEXURE A4 THE COPY OF THE BILL ISSUED BY VGS SPARKLERS, SIVAKASI DATED 26.03.2024 ANNEXURE A5 CERTIFIED COPY OF THE ORDER OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.1, CHITTUR DATED 23.07.2024