Jola Martin v. State Of Kerala
Original PDF →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 intercepted by the Police and seized by them, alleging offences punishable under Section 9B(1)(b) of Explosives Act and Crime No.209/2022 was registered. The seizure of aforesaid articles was made on the ground that the vehicle which was used for transportation of the said crackers was not licensed in this behalf. The application submitted by the petitioner for the release of the article was rejected as per Annexure A6 on the ground that the articles above are liable to be forfeited under Section 10 of the Explosives Act. This order is under challenge in this proceeding.
Heard both sides.
CRL.MC NO. 2804 OF 2022 3
The learned counsel for the petitioner submits that the petitioner has a valid license for the sale of Explosives and the purchase of the aforesaid crackers was made by him based on a valid license. The only allegation against the petitioner is that the license did not cover the vehicle used for transporting the same. The prosecution does not dispute the aforesaid fact. The learned Magistrate dismissed the said application because no license has been issued for transportation of the same.
It is true that, as observed by the learned Magistrate, section 10 of the Explosives Act provides forfeiture of explosives. However, such forfeiture is contemplated only upon the conviction of the accused and not before that. The articles in question are crackers, which, going by its nature, cannot be preserved until the completion of the trial, and hence I do not think that the order passed by the learned Magistrate to retain the same in the custody of the court would serve the purpose. Admittedly the said crackers were covered by a proper purchase bill and the petitioner had the license to deal with the same.
CRL.MC NO. 2804 OF 2022 4 Therefore, it is only proper that the said articles be released to the petitioner, upon the petitioner furnishing security for the same in tune with the value of the crackers. Further, to ensure a smooth prosecution in respect of the same, before releasing the aforesaid crackers, a proper sample of the crackers has to be taken and retained, after preparing a mahazar. In such circumstances, this Crl.M.C. is allowed by setting aside Annexure A6. The crackers which are the subject matter of the case shall be released to the petitioner subject to the following conditions : i The petitioner shall execute a bond for the value of the crackers with two solvent sureties each for the like sum, to the satisfaction of the learned Magistrate, agreeing to deposit the value of the same, if so ordered on conviction, ii The petitioner shall produce the attested copies of purchase invoices of the crackers and also the license which enables him to purchase and retain the same. He shall also make available the original of the said documents for
CRL.MC NO. 2804 OF 2022 5 verification. iii Before releasing the crackers, a sample shall be taken and retained after preparing a mahazar showing the details of the crackers. The aforesaid exercise shall be caused to be carried out by Station House Officer concerned as expeditiously as possible at any rate, within seven days from the date of production of this order. ZIYAD RAHMAN A.A. JUDGE SCS
CRL.MC NO. 2804 OF 2022 6 APPENDIX OF CRL.MC 2804/2022 PETITIONER ANNEXURES Annexure A1 THE COPY OF THE EXPLOSIVE LICENSE NO.E/SC/KL/24/174 (E68528), ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVE AT ERNAKULAM Annexure A2 THE COPY OF THE PERMISSION ISSUED BY THE DEPUTY CHIEF CONTROLLER, ERNAKULAM DATED 15.03.2019 Annexure A3 THE COPY OF THE GST CERTIFICATE DATED 17.07.2018 IN THE NAME OF THE PETITIONER Annexure A4 THE COPY OF THE INVOICE DATED 26.03.2022 Annexure A5 THE COPY OF THE FIR NO.209/22 OF POOCHACKAL POLICE STATION Annexure A6 THE AUTHENTICATED CARBON COPY OF THE ORDER IN C.M.P.NO.1053/2022 DATED 21.04.2022
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.