Kerala High Court
Pradeepan vs State Of Kerala on 22 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:78379
CRL.MC NO. 7489 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
CRL.MC NO. 7489 OF 2024
CRIME NO.305/2024 OF PUDUNAGARAM POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED 23.07.2024 IN CMP NO.2514 OF
2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS, CHITTUR
PETITIONER/PETITIONER :
PRADEEPAN, AGED 46 YEARS
S/O. GOPI, KONUTHARAKIZHAKKETHARA,
VALAMANGALAM SOUTH,
EAST OF THURAVOOR PANCHAYATH,
THURAVOOR, ALAPPUZHA DISTRICT, PIN - 688 532.
BY ADVS.
K.R.VINOD
M.S.LETHA
GANESH CHANDRAN S.
ISMAIL SHAHAR
RESPONDENT/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:78379
CRL.MC NO. 7489 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.7489 of 2024
...................................................
Dated this the 22nd day of October, 2024
ORDER
Petitioner's application for custody of firecrackers has been dismissed,
which order is impugned in this petition.
2. Petitioner claims to be the holder of an Explosive Licence No.487/ALP
issued under the provisions of Explosive Rules, 2008. The
explosives/firecrackers allegedly purchased by the petitioner was being
transported in a vehicle bearing registration No.TN-39/CH-8411, which
was intercepted by the SHO, Pudunagaram Police Station, Palakkad and
on noticing violation of certain provisions of the Explosives Act, and the
Kerala Police Act, 2011, a crime was registered as FIR No.305/2024 and
the explosives were seized. Subsequently petitioner filed an application
as CMP No.2514/2024 before the Judicial First Class Magistrate Court-I,
Chittur, for interim custody of the explosives. However, the learned
Magistrate, by the impugned order dated 23.07.2024, dismissed the
application, after noticing that the alleged firecrackers seized from the
2024:KER:78379
CRL.MC NO. 7489 OF 2024
petitioner weighed around 600 Kg. while the petitioner's licence
enabled him to store only 50 Kg. of fireworks. Petitioner challenges the
aforesaid order.
3. In the meantime, investigation has been completed and final report has
also been filed, which is now pending as C.C.No.722/2024 on the files of
the Judicial First Class Magistrate Court, Chittur.
4. I have heard Sri.K.R.Vinod, the learned counsel for the petitioner as well
as Smt.Sreeja V., the learned Public Prosecutor.
5. It is evident from Annexure-A1 licence that though there is a reference
to possess and sell 500 kg. of Chinese crackers + 100 kg. of
manufactured fireworks; those are only general stipulations, and what is
permitted under the licence is only possession and sale of 50 Kgs. of
manufactured fireworks.
6. Since it has come out from the records produced by the petitioner itself
that he is entitled to possess and sell only 50 kgs. of manufactured
fireworks, the impugned order of the learned Magistrate cannot be said
to be perverse or illegal since the petitioner requested for release of the
entire explosives.
7. As the petitioner is entitled to possess and sell only 50 kgs., any claim
2024:KER:78379
CRL.MC NO. 7489 OF 2024
put forth by the petitioner for the said quantity can be positively
considered by the learned Magistrate. However, since the application
filed by the petitioner was for the entire quantity of 600 kgs., the
impugned order does not warrant any interference.
8. Notwithstanding the above, if the petitioner is interested to obtain
release of 50 kgs. of fireworks from the quantity seized by the Police,
certainly he is at liberty to do so, through a fresh application.
9. Hence, this Crl.M.C. is dismissed reserving the liberty of the petitioner to
seek release of 50 kgs. out of the fireworks, seized by the Police in
Crime No.305/2024 of Pudunagaram Police Station, Palakkad, through an
appropriate application before the trial court.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/22/10/2024
2024:KER:78379
CRL.MC NO. 7489 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 THE COPY OF THE EXPLOSIVE LICENCE NO.487/ALP
ISSUED IN FAVOUR OF THE PETITIONER
ANNEXURE A2 THE COPY OF THE PROCEEDINGS OF RENEWAL OF
LICENCE WITH ORDER OF RENEWING LICENCE DATED
25.03.2022 OF ADDITIONAL DISTRICT MAGISTRATE,
ALAPPUZHA
ANNEXURE A3 THE COPY OF THE F.I.R.NO.305/2024 OF
PUDUNAGARAM POLICE STATION, PALAKKAD,
ANNEXURE A4 THE COPY OF THE BILL ISSUED BY VGS SPARKLERS,
SIVAKASI DATED 26.03.2024
ANNEXURE A5 CERTIFIED COPY OF THE ORDER OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT NO.1, CHITTUR
DATED 23.07.2024
