Rajkumar R. vs. State Of Kerala - Kerala High Court, 24 September 2020

Petitioner is the 1st accused in Crime No.1281 of 2020 of Aranmula Police Station, registered for offences under Sections 6 read with 24 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA), 118(i) of the Kerala Police Act and Section 77 of the Juvenile Justice (Care and Protection of Children), Act, 2015 (for short, 'the J.J Act'). As part of investigation, the Police seized prohibited tobacco products, a Maruti WagonR Car and an Apple i-Phone along with an amount of Rs.2,91,000/-, and produced those articles before the juri ictional Magistrate Court. Thereupon, petitioner preferred an application under Section 451 Cr.P.C for getting interim custody of the seized items. By Annexure A4 order, the learned Magistrate allowed the petition to the extent of releasing the car and the mobile phone, subject to certain conditions. Prayer for getting interim custody of the cash was declined finding the cash to be the proceeds of sale of the prohibited tobacco products. This Crl.M.C is filed aggrieved by Annexure A4 order to the extent of rejecting the seized cash amounting to Rs.2,91,000/-.

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Learned counsel for the petitioner contended that the petitioner is a trader in food items and is running a proprietorship concern by name, 'Udaya Stores' under valid licence from the Food and Tax Authorities and that the seized cash is part of the amounts received from customers towards price of the food items sold.

Learned Public Prosecutor submitted that the quantity of prohibited tobacco products seized from the petitioner's possession itself is indicative of the magnitude of his illegal business. It is submitted that release of the cash at this stage would be detrimental to the investigation.

As rightly found by the learned Magistrate, ordering release of the cash at this stage, suspected to be the proceeds received from sale of prohibited tobacco products, would adversely affect the investigation. Being so, I find no reason to interfere with the findings in Annexure A4. The Crl.M.C is hence dismissed. V.G.ARUN, JUDGE vgs

Crl.MC.3982/2020 4 APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A1: COPY OF GST RETURNS AND FLOOD CESS RETURNS FILED FOR THE MONTHS FROM MARCH, 2019 TO MAY, 2020. ANNEXURE A2: COPY OF PURCHASE REGISTER FROM MARCH, 2020 TO MAY, 2020. ANNEXURE A3: COPY OF REMAND APPLICATION SUBMITTED BY THE POLICE BEFORE THE JFMC, PATHANAMTHITTA DATED 21.5.2020. ANNEXURE A4: COPY OF ORDER OF JFCM-1, PATHANAMTHITTA DATED 17.6.2020. ANNEXURE A5: COPY OF STATEMENT OF ACCOUINTS FROM 1.1.2020 TO 15.6.2020.