S SHAJAHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) ANNEXURE-C, order passed by the learned Judicial First Class Magistrate-II, Kollam on C.M.P.No.3143 of 2010 in Crime No.198 of 2008 of Kottiyam Police Station is under challenge. Petitioner who claimed to be the financier of a vehicle involved in the case sought its release under Sec.451 of the Code of Criminal Procedure. Release of the vehicle was opposed by the Investigating Agency stating that at the time of seizure the vehicle was bearing a forged registration number, investigation in the matter is being proceeding and that steps have been taken to examine the vehicle by the Forensic Science Laboratory, Thiruvananthapuram (for short, "the FSL"). Accepting that objection, learned Magistrate dismissed the application. Hence this petition. Learned counsel submitted that petitioner is a financier of the vehicle and that no contraband was seized from the vehicle even according to the prosecution. Learned Public Prosecutor submitted that since the vehicle has to be examined by the FSL, release of the vehicle at this stage is not proper.

(2.) IT is pointed out by learned counsel that final report in the case is already filed. But it is not clear whether the vehicle has been examined by the FSL and report in that regard has been obtained. If examination of vehicle is over, necessarily learned Magistrate has to consider whether the vehicle could be released to the petitioner who claimed to be the financier provided the vehicle has valid registration particulars. IT is seen that the registered owner of the vehicle was not made a party in C.M.P.No.3143 of 2010. The vehicle cannot be released to the financier without notice to the registered owner.