Kerala High Court
Hussain Chammalappara vs State Of Kerala on 7 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 8170 OF 2024
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2024:KER:83039
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
CRL.MC NO. 8170 OF 2024
CRIME NO.53/2024 OF KARIPUR POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED 29.07.2024 IN CRMP
1275/2024 IN CRMP NO.1236 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST
CLASS-I,MANJERI
PETITIONER/ACCUSED :
HUSSAIN CHAMMALAPPARA,
AGED 47 YEARS,
S/O. ALAVIKUTTY, CHEMMALAPPARA HOUSE,
CHEMMAD AMSOM,KARIPARAMB DESOM,
TIRURANADI TALUK, MALAPPURAM DISTRICT - 676 306.
BY ADVS.
P.C.MUHAMMED NOUSHIQ
JAHANA SHERIN.K
A AL FAYAD
RESPONDENTS/RESPONDENTS :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER,
KARIPPUR POLICE STATION,
KUMMINIPPARAMBA POST,
MALAPPURAM DT, KERALA, PIN - 673 638.
3 THE DEPUTY COMMISIONER
OFFICE OF THE DEPUTY COMMISONER OF CUSTOMS
(PREVENTIVE), 7TH FLOOR,
GST BHAVAN, MANANCHIRA,
CALICUT, PIN - 673 001.
BY ADV RAJESH. K.RAJU
SMT. SREEJA V (PP)
SRI.NOUSHAD K.A. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8170 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.8170 of 2024
...................................................
Dated this the 7th day of November, 2024
ORDER
Petitioner challenges Annexure-A1 order and seeks for a direction to
the Judicial First Class Magistrate Court-I, Manjeri, to dispose of CMP
No.1275/2024 pending before it. Petitioner also seeks for a direction
for release of his passport and mobile phone, which are retained in
the Magistrate's court in connection with an alleged gold smuggling
case.
2. After the Police seized gold from the possession of he petitioner, on
08.06.2024 his passport and mobile phone were also seized and
produced before the Magistrate's Court. Subsequently, petitioner filed
an application for release of those seized articles. By the impugned
order, the learned Magistrate directed the passport alone to be released
to the petitioner, on condition that he shall return it on or before
30.11.2024. Being aggrieved by the said order and the condition
directing production of the passport on or before 30.11.2024, petitioner
has preferred this petition.
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3. Sri.P.C.Muhammed Noushiq, the learned counsel for the petitioner,
contended that, the Customs Department has no reason to have
custody of the mobile phone or the passport, and therefore, the
impugned order imposing the condition to produce the passport on or
before 30.11.2024 ought to be set aside.
4. Sri.Noushad K.A., the learned Public Prosecutor on the other hand
contended that the articles were seized by the Karipur Police and they
were produced before the learned Magistrate as the police suspected
the commission of an offence, and therefore, the conditions do not
warrant any interference.
5. Sri.Rajesh K. Rajan, the learned Standing counsel for the 3 rd
respondent, on the otherhand, submitted that, till date the Customs
Department has not been able to peruse the passport or the mobile
phone as the police had, on seizure of the same, produced it directly
before the learned Magistrate. According to the learned Counsel for the
3rd respondent, since the allegation relates to smuggling of around 53
sovereigns of gold, it is essential that proper investigation be
conducted for which the mobile phone and the passport are essential.
He also submitted that an application has already been preferred
before the learned Magistrate as Crl.M.P No.1415/2024 for custody and
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the same is pending consideration and if the said condition is deleted,
the application will become redundant.
6. I have considered the contentions advanced.
7. Concededly the application filed by the Customs Department for
custody of the passport and the mobile phone is pending consideration
before the Jurisdictional Magistrate. The articles were seized along
with gold and the petitioner is suspected to have indulged in gold
smuggling. The condition imposed by the learned Magistrate, in the
peculiar circumstance of the case, directs production of the passport on
a date. The Customs Department has not yet obtained possession of
the passport for the purpose of investigation. Petitioner had been
granted possession of the passport for a limited period to enable him
to avoid loss of employment. Since the petitioner himself had stated
that he is ready to produce it as and when required, the condition
imposed by the learned Magistrate cannot be said to be perverse
warranting an interference by this Court. Accordingly, I find no
reason to delete condition No.1 in the impugned order.
8. It needs to be observed that the application filed by the Customs
Department for interim custody of the passport and mobile phone
ought to be considered and disposed of by the learned Magistrate
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without undue delay.
9. However, petitioner is given the liberty to approach the Magistrate,
later, after the requirement of Customs Department is met.
The Crl.M.C.is dismissed with the above observation.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/07/11/2024
CRL.MC NO. 8170 OF 2024
2024:KER:83039
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE ORDER IN CMP NO 1275
OF 2024 BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT I, MANJERI DATED 29/07/2024
ANNEXURE A2 CERTIFIED COPY OF THE REPORT FILED BY THE
DEPUTY COMMISSIONER BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT I, MANJERI
DATED 08/07/2024.
