Rajkumar R. vs. State Of Kerala

Crl.MC/3982/2020HC KeralaGSTCNR KLHC01046957202024 September 2020Bench: HONOURABLE MR.JUSTICE V.G.ARUN4 pages

For Respondent: SR.PP.AMJAD ALI

AI SummaryDismissed

Held

The High Court upheld the Magistrate's decision, agreeing that releasing the seized cash, suspected to be proceeds from the sale of prohibited tobacco products, would adversely affect the ongoing investigation. The Court found no reason to interfere with the lower court's findings.

Facts

The petitioner, an accused in a case involving prohibited tobacco products, sought interim custody of seized items including a car, mobile phone, and Rs. 2,91,000/- cash under Section 451 Cr.P.C. The Magistrate released the car and phone but denied the release of cash, suspecting it to be proceeds from illegal sales. The petitioner challenged this denial before the High Court.

Key Issues

The key legal issue was whether the seized cash, suspected to be proceeds from illegal tobacco sales, should be released on interim custody under Section 451 Cr.P.C. during the investigation.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

Crl.MC.3982/2020 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 24TH DAY OF SEPTEMBER 2020 / 2ND ASWINA, 1942 Crl.MC.No.3982 OF 2020(G) AGAINST THE ORDER/JUDGMENT IN CMP 2043/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,PATHANAMTHITTA CRIME NO.1281/2020 OF Aranmula Police Station , Pathanamthitta PETITIONER/S: RAJKUMAR R., AGED 44 YEARS S/O.RAMASWAMI, UDHAYABHAVANAM, KEEZHUKKARA, KEEZHUKKARA MURI, KOZHENCHERY VILLAGE, PATHANAMTHITTA DISTRICT, PIN-691 524. BY ADVS. SRI.C.B.SREEKUMAR SRI.K.SUNISH SHRI.SAGITH KUMAR V. RESPONDENT/S: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. (CRIME NO.1281 OF 2020 OF ARANMULA POLICE STATION, PATHANAMTHITTA DISTRICT) OTHER PRESENT: SR.PP.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.3982/2020 2 V.G.ARUN, J. ----------------------------------------------- CRL.M.C.No.3982 of 2020 ----------------------------------------------- Dated this the 24th day of September, 2020

Petitioner is the 1st accused in Crime No.1281 of 2020 of Aranmula Police Sta

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