Thampi vs Excise Deputy Commissioner
2024 Latest Caselaw 32499 Ker

Kerala High Court

Thampi vs Excise Deputy Commissioner on 8 November, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

CRL.MC NO. 5018 OF 2019                1




                                                         2024:KER:84226
                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946

                           CRL.MC NO. 5018 OF 2019

 CRIME NO.21/2017 OF Varappuzha Excise Range Office, Ernakulam

          AGAINST THE ORDER/JUDGMENT DATED 01.07.2019 IN MP NO.902

OF   2019     OF    JUDICIAL   MAGISTRATE   OF   FIRST   CLASS   -   I,   NORTH

PARAVUR

PETITIONER/S:

               THAMPI
               AGED 43 YEARS
               S/O.KUMARAN, KAKKATTUPARAMBIL (H), NORTH PARAVUR


RESPONDENT/S:
     1    EXCISE DEPUTY COMMISSIONER
          OFFICE OF THE EXCISE DEPUTY COMMISSIONER, OPPOSITE
          TO SARITHA THEATRE ERNAKULAM-682031

      2        THE EXCISE COMMISSIONER(ENFORCEMENT)
               NANDAVANOM, MUSEOM.P.O., THIRUVANANTHAPURAM-695001


               BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
          SRI.SANGEETHARAJ.N.R, PP
       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 5018 OF 2019                2




                                                              2024:KER:84226


                     P.V.KUNHIKRISHNAN, J
                   --------------------------------------
                    Crl.M.C. No. 5018 of 2019
                   --------------------------------------
             Dated this the 8th day of November, 2024



                                     ORDER

This Criminal Miscellaneous case is filed challenging

Annexure-7 order passed by the Judicial First Class Magistrate

Court-I, North Paravur. When this case came up for

consideration, the learned counsel for the petitioner submitted

that he relinquished the vakalath filed for the petitioner. The

further proceedings based on Annexure-7 order was stayed by

this Court on 22.07.2019 for ten days and the same was

extended for another week on 02.08.2019. The stay was not

extended thereafter. Annexure-7 is an order passed in a

petition seeking realisation of the value of the vehicle released

on interim custody under Sec.53B of the Abkari Act.

Admittedly, a Yamaha Fascino Scooter bearing registration

No.KL39 L TEMP 7289 was released by the learned Magistrate

2024:KER:84226 on interim custody to the petitioner. Subsequently, the vehicle

was confiscated. Hence, the present petition was filed. The

learned Magistrate directed the petitioner to produce the

vehicle before the trial court on 08.07.2019. As I mentioned

earlier, the interim order passed by this Court was not

extended after 2019. Probably, the prayers in this Criminal

Miscellaneous case itself might have been infructuous. After

going through Annexure-7 order, I see no reason to interfere

with the same.

Therefore, there is no merit in this case and hence, the

same is dismissed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

2024:KER:84226

PETITIONER ANNEXURES

ANNEXURE 1 TRUE COPY OF THE CRIME AND OCCURRENCE REPORT

ANNEXURE 2 TRUE COPY OF THE ORDER NO.1604/2017 DATED 19/06/2017

ANNEXURE 3 TRUE COPY OF THE REPORT OF EXCISE DATED 30.06.2017

ANNEXURE 3A TRUE COPY OF THE REPORT EXCISE DEPARTMENT DATED 12.07.2017

ANNEXURE 4 TRUE COPY OF THE ORDER IN CRL.M.C.NO.5078/2017 DATED 05.12.2017

ANNEXURE 5 TRUE COPY OF THE NOTICE FROM THE COURT DATED 08.05.2019 IN CRIME NO.21/2017 OF VARAPPUZHA EXCISE RANGE

ANNEXURE 6 TRUE COPY OF APPEAL MEMORANDUM TO THE EXCISE COMMISSIONER (ENFORCEMENT)

ANNEXURE 7 TRUE COPY OF ORDER IN M.P.NO.902/2019 DATED 01.07.2019