SIVADASAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl.R.P. No.712/2014 is filed by the accused in Crime No.1868/2013 of Chavara Police Station registered for offences punishable under Section 55(a) of the Abkari Act, 1077, Section 4 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade & Commerce, Production, Supply and Distribution) Act ,2003 and Section 17 of the Kerala Money Lenders Act, 1958.

(2.) He filed C.M.P. No.12408/2013 before Judicial First Class Magistrate, Karunagappally seeking interim custody of currency notes seized from his possession along with Indian Made Foreign Liquor and cigarettes. The prosecution opposed release of the currency notes on the ground that they were not perishable in nature. It was also contended that the release of the currency notes will prejudice the prosecution. Accepting these contentions, C.M.P.No.12408/2013 was dismissed by order dated 21.12.2013. The challenge in this revision is as to the legality and propriety of this order.

(3.) Claiming that part of the currency notes belonged to the claimant, petitioner filed C.M.P.No.12409/2013 seeking interim custody of Rs.3,25,000/-. This was dismissed accepting the same objection raised by the prosecution. Laying claim in respect of another part of the amount i.e.,50,000/- claimant filed C.M.P. No.12407/2013 seeking interim custody under Section 451 of the Code of Criminal Procedure,1973. This too was dismissed by the learned Magistrate accepting the objection of the prosecution. Challenging the impugned orders dated 21.12.2013 passed in respect of C.M.P. Nos.12409/2013 & 12407/2013, Crl.R.P. Nos.711/2014 & 713/2014 respectively were filed.