BIJU SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether the jurisdiction of the Criminal Court to grant interim custody of a vehicle will be barred under Section 6E of the Essential Commodities Act ( "Act 10 of 1955" for brevity) even in cases where steps for confiscation of the vehicles have not been initiated under Section 6A of Act 10 of 1955 is the question posed by the petitioner in this case.

(2.) Bare minimum facts are required to be stated. On 30.7.2015, an Eicher Lorry owned by the petitioner was seized while in transit, on the allegation that rationed rice was being transported. Crime No 798 of 2015 of Venmony Police Station was registered under Section 5 (A) of the Kerala Rationing Order read with Section 3 and 7 of the Act 10 of 1955. The specific allegation is that the rice was being transported from the FCI go down at Mavelikkara to the shop of the respective licensees which were located at Mavelikkara and Pandalam.

(3.) The petitioner, incidentally, is not arrayed as an accused in the said crime. The vehicle of the petitioner, which was used allegedly for transportation was seized. As the vehicle was lying exposed to the vagaries of nature, the petitioner had filed an application seeking temporary custody of the vehicle. The same was dismissed as per the impugned order. Later, when the suspension of license of the respective licensees were revoked, the petitioner approached the Court again seeking interim release, which also met with the same fate.