NAIR NITHIN GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Release on interim custody of a vehicle, allegedly, involved in the commission of an abkari offence, was turned down by the Magistrate under Annexure - B order holding that such vehicle was not produced in Court. Seizure of the vehicle in connection with the abkari offence covered by the crime registered was reported to the Magistrate by the police. The fact that actual physical production of the vehicle was not made before the Court is no ground for non - consideration and disposal of the application moved under S.451 of the Court especially in the light of the mandate covered by S.53B of the Abkari Amendment Act, 2012. Setting aside Annexure - B order the Magistrate is directed to consider the merit of the application moved for interim custody by the petitioner and dispose the same after hearing both sides and also looking into the relevant facts and circumstances involved in the case. The Magistrate shall dispose the petition within a time frame of one month from the date of receipt of a copy of this order.