KADERKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the owner and permit holder of stage carriage bearing registration No. K.L.Z. 1338 plying on the road, Tellicherry - Kuttupuzha. On 24-2-1981 at about 10.10 AM third respondent seized the vehicle with 1288 kgms of raw cashewnuts packed in 29 bags. The raw cashewnuts belonged to 18 passengers who were travelling in the bus. The seized raw cashewnuts and the vehicle were produced before the 2nd respondent for initiating proceedings under S.20 of the Kerala Raw Cashewnuts (Procurement and Distribution) Act, 1981, (hereinafter referred to as 'the Act'). Second respondent ordered to sell the raw cashewnuts as provided by S.20(2) of the Act. On sale a sum of Rs. 9,456.50 was realised. A show cause notice as contemplated by S.21 of the Act was issued to the petitioner calling upon him to submit his objections against the proposed confiscation of the vehicle. The petitioner filed objections contending that be was totally ignorant of the transport of cashewnuts, that he had issued strict instructions to his employees not to allow transportation of raw cashewnuts in his vehicle and that the conductor had also taken all necessary and reasonable precautions against the user of the vehicle in transporting raw cashewnuts. The 2nd respondent by Ext. P1 ordered confiscation of the vehicle on the basis that the employees who were having control over the vehicle had the knowledge about the contents of 29 bags loaded in the bus. Ext. P1 order was challenged before the District Judge, Tellicherry, in C.M.A. 35 of 1981. The learned District Judge by Ext. P3 judgment dismissed the appeal and confirmed the order of confiscation. That order is under challenge.

(2.) Third respondent prosecuted 20 persons including 18 passengers in the bus belonging to the petitioner for violation of the provisions contained in S.15 of the Act before the Judicial Second Class Magistrate's Court Kuthuparamba, in C.C. 780/1982. The learned Magistrate after a full fledged trial acquitted all the accused by judgment dated 1-9-1983. That decision has become final. In view of the acquittal of persons who transported raw cashewnuts in the bus belonging to the petitioner, it is contended that the order confiscating the vehicle is unsustainable especially in view of the provisions contained in S.22(2) of the Act.

(3.) Notice of this petition was served on all respondents. None has chosen to file counter affidavit in this case. Hence it is to be taken that the petitioner's contention that the prosecution launched against the passengers who tried to transport raw cashewnuts in the vehicle belonging to the petitioner for the contravention of the provisions contained in the Act has ended in acquittal stands uncontroverted. The learned Government Pleader who appeared for the respondents has not placed before me any material to show that Ext. P5 judgment of the Judicial Second Class Magistrate, Kuthuparamba in C.C. No. 780/1982 has not become final. Nor has he got a case that the said judgment did not relate to the incident which resulted in Exts. P1 and P3 orders against the petitioner.