N.A.Abdul Rahiman vs Circle Inspector Of Police
2021 Latest Caselaw 16766 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN
    WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                        CRL.MC NO. 3616 OF 2021
   AGAINST THE ORDER/JUDGMENT IN CC 194/1994 OF CHIEF JUDICIAL
                        MAGISTRATE ,KASARAGOD,
PETITIONER/ACCUSED No.1:

          N.A.ABDUL RAHIMAN
          AGED 61 YEARS
          S/O LATE ABDULLA HAJI, HOUSE.NO 151/21, CHENGALA GRAMA
          PANCHAYATH, ABDULLA HAJI COMPOUND, NAYANMARMOOLA,
          VIDHYANAGAR P.O.KASARAGOD DISTRICT

          BY ADVS.
          T.M.SREEDHARAN (SR.)
          NISHA JOHN
          ALAN PRIYADARSHI DEV
          V.P.NARAYANAN



RESPONDENTS/STATE/DEFACTO COMPLAINANT:

    1     CIRCLE INSPECTOR OF POLICE
          KASARAGODE POLICE STATION, KASARAGODE DISTRICT,PIN-671
          001.

    2     THE FOREST RANGE OFFICER,
          RANGE OFFICE, KASARAGOD-671 001.

    3     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM-682 2031.


OTHER PRESENT:

          SR.G.P.-     SMT. SEETHA S.




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 3616 OF 2021
                                       2



                                  ORDER

Against the final report submitted, accused No.1 came up to quash the

same on the ground that he is the Manager of a firm having a valid licence

to possess sandal oil. The allegation against him is that on search, 5

barrels of sandalwood oil seized from the house of the accused. Inter alia it is

contended that there is inordinate delay in filing the final report. All these

may constitute valid defence to accused No.1, the petitioner herein. But this

Court under Section 482 Cr.P.C cannot usurp the powers of trial court or

appellate court so as to adjudicate the disputed issues. Without prejudice to

the right of the parties to take up all the defences at the various stages of

the proceedings, Crl.M.C is hereby dismissed.

Sd/-

P.SOMARAJAN

JUDGE al/-

CRL.MC NO. 3616 OF 2021

APPENDIX OF CRL.MC 3616/2021

PETITIONER ANNEXURE

Annexure A1 TRUE COPY OF THE PRELIMINARY REPORT IN FORM A-1 DATED 22.9.2018

Annexure A2 CERTIFIED COPYO0F THE CHARGE SHEET IN OR 13/2018 (C2-705/93) DATED 24.11.2018

Annexure A3 TRUE COPY OF THE ORDER OF CJM KASARAGOD DATED 24.3.2021 IN CMP NO 242/2019 IN OR 13/2018 OF FOREST RANGE OFFICER, KASARAGOD.

Annexure A4 TRUE COPY OF THE JUDGMENT DATED 19.4.2018 IN CIVIL APPEAL NO 1747/2008 OF THE HON'BLE SUPREME COURT OF INDIA

Annexure A5 TRUE COPY OF THE PROCEEDINGS BEFORE THE ASSISTANT COMMISSIONER OF CENTRAL EXCISE, CANNANORE DATED 26.7.1995

Annexure A6 TRUE COPY OF THE REPRESENTATION DATED 15.7.2002 MADE BY 2ND RESPONDENT BEFORE THE HON'BLE CJM COURT, KASARAGOD

Annexure A7 TRUE COPY OF THE JUDGMENT IN OP NO 12310/1995 DATED 16.8.1995.