Kerala High Court
John Abraham vs Station House Officer on 2 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:81458
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946
WP(C) NO. 30105 OF 2024
PETITIONER/S:
JOHN ABRAHAM
AGED 74 YEARS
S/O GEEVARGHESE ABRAHAM, AJO LAND, KURAMPALA SOUTH
P.O., PANDALAM, PATHANAMTHITTA, PIN - 689501.
BY ADVS.
SAYUJYA
K.R.RAJEEV KRISHNAN
RESPONDENT/S:
1 STATION HOUSE OFFICER
PANDALAM POLICE STATION, PATHANAMTHITTA, PIN - 689501.
2 THE DEPUTY DIRECTOR GENERAL OF POLICE
CRIME BRANCH HEADQUARTERS, THIRUVANANTHAPURAM,
PIN - 695036.
*ADDL R3 THE DISTRICT COLLECTOR,
2ND FLOOR,DISTRICT COLLECTORATE,PATHANAMTHITTA - 689645
*ADDL R4 COMPETENT AUTHORITY
(UNDER SECTION 7 OF BUDS ACT, 2019) SECRETARY, HOME
DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695001
*(ADDL.R3 AND R4 IMPLEADED AS PER ORDER DATED 23-09-
2024 IN IA 1/24 IN WPC)
SMT. DEEPA NARAYANAN, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:81458
WP(C) NO. 30105 OF 2024 2
JUDGMENT
The petitioner is the absolute owner of a shop room
on the ground floor of building No.540A in Ward No.12 in
Pandalam Municipality. The room was given on rent to one
Govind G Nair, the Director of a financial institution named
'G & G Finance'. While so, complaints of cheating, fraud and
misappropriation were raised against 'G & G Finance', which
resulted in crimes being registered against the said
establishment and Govind G Nair. During the course of
investigation into those crimes, the Pandalam police seized the
key of the shop room belonging to the petitioner and occupied
by 'G & G Finance'. The petitioner's grievance is that the key
is not being returned to him, despite repeated requests.
2. I heard the learned counsel for the petitioner and
the learned Government Pleader.
3. Learned counsel for the petitioner asserts that,
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although proceedings under the Banning of Unregulated
Deposit Schemes Act (BUDS Act) has been initiated against 'G
& G Finance' and its Director, the order of attachment does
not mention the petitioner's shop room. It is hence contended
that the police have no right to retain the key of the shop
room.
4. The learned Government Pleader submits that,
since the petitioner has arrayed the Competent Authority under
the BUDS Act as a party, his remedy is to approach the said
authority seeking return of the key.
5. If, as contended by the learned counsel for the
petitioner, no order of provisional attachment under the BUDS
Act is issued with respect to the petitioner's shop room, he
cannot be compelled to approach the Competent Authority,
seeking return of the key, since the police has no legal right
to hold on to the keys. Therefore, the petitioner can be
permitted to seek release of the key by approaching the
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District Collector.
The writ petition is accordingly disposed of, directing
the 3rd respondent to consider Ext.P3 and if, as contended, the
shop room is not brought under attachment as per the
provisions of the BUDS Act, respondents 1 and 2 shall be
directed to release the keys to the petitioner. If, on the other
hand, the shop room is under attachment, the petitioner can
approach the Designated Court.
Sd/-
V.G.ARUN
JUDGE
Sru
2024:KER:81458
APPENDIX OF WP(C) 30105/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE RENT AGREEMENT
DT.01.03.2023.
Exhibit P2 A TRUE PHOTOCOPY OF THE FIR NO.342 OF 2024
DT.18.03.2024 REGISTERED BY THE PANDALAM
POLICE STATION, PATHANAMTHITTA.
Exhibit P3 A TRUE PHOTOCOPY OF THE REPRESENTATION
DT.24.09.2024 FILED BY THE PETITIONER BEFORE
THE 4TH RESPONDENT.
