Jola Martin vs. State Of Kerala

Crl.MC/2804/2022HC KeralaGSTCNR KLHC01029986202206 June 2022Bench: HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.6 pages

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Held

The High Court held that forfeiture under Section 10 of the Explosives Act is only applicable upon conviction, not before. Considering the perishable nature of crackers and the petitioner's valid purchase license, the Court ordered their release subject to furnishing a bond, producing invoices, and taking a sample.

Facts

Police seized crackers transported by the petitioner, alleging a lack of vehicle license under the Explosives Act. The Magistrate dismissed the petitioner's application for release under Section 451 Cr.P.C., citing potential forfeiture under Section 10 of the Explosives Act.

Key Issues

Whether seized explosives can be forfeited and retained by the court before conviction under the Explosives Act. Whether the articles should be released to the owner pending trial when a valid purchase license exists.

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Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 15TH DAY OF JUNE 2022 / 25TH JYAISHTA, 1944 CRL.MC NO. 2804 OF 2022 AGAINST THE ORDER/JUDGMENT IN CMP 1053/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, CHERTHALA PETITIONER/PETITIONER: JOLA MARTIN AGED 45 YEARS W/O.MARTIN, CHAKKATTIL HOUSE, TB ROAD, ANGAMALY P.O., ERNAKULAM, PIN – 683572 BY ADVS. K.R.VINOD M.S.LETHA K.S.SREEREKHA JOHN TONY AKKARA\ NABIL KHADER JACQUELINE JACKSON RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI, PIN – 682031 BY ADV PUBLIC PROSECUTOR SRI.PRASANTH.M.P- P.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 2804 OF 2022 2

The petitioner has approached this Court being aggrieved by Annexure A6 order passed by the Judicial First Class Magistrate Court II, Cherthala in C.M.P. No.1053/2022. As per the impugned order, the application submitted by the petitioner under Section 451 Cr.P.C. stands dismissed.

On 30.03.2022, crackers belonging to the petitioner which were being transported in a lorry were interc

The judgment continues below.

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