State Of Kerala vs Anadhakumar Das
2024 Latest Caselaw 27053 Ker

Kerala High Court

State Of Kerala vs Anadhakumar Das on 6 September, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

Crl.M.C. No.254 of 2018
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                                                          2024:KER:68238


           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
                          CRL.MC NO. 254 OF 2018
 CRIME NO.6/2017 OF ADIMALY EXCISE RANGE OFFICE, IDUKKI
         AGAINST THE ORDER/JUDGMENT DATED 24.07.2017 IN
CMP NO.4095 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST
CLASS, (MUNSIFF MAGISTRATE COURT) ADIMALI
PETITIONER/RESPONDENT:

             STATE OF KERALA
             REPRESENTED BY THE EXCISE INSPECTOR, EXCISE
             RANGE OFFICE, ADIMALY.

             BY ADV.
             SRI.SANGEETHARAJ.N.R, PPPUBLIC PROSECUTOR


RESPONDENT/PETITIONER/ACCUSED:

             ANADHAKUMAR DAS
             S/O.DAS, AMBALATHINKAL(H),PAMPUKAYAM,
             MANKULAM.



        THIS     CRIMINAL     MISC.       CASE   HAVING    COME   UP   FOR
ADMISSION ON 06.09.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 Crl.M.C. No.254 of 2018
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                                                2024:KER:68238


                   P.V.KUNHIKRISHNAN, J.
                   --------------------------------
                   Crl.M.C. No.254 of 2018
            ----------------------------------------------
        Dated this the 06th day of September, 2024



                              ORDER

This Criminal Miscellaneous Case is filed to quash

Annexure - A order by which a vehicle is released

under Section 457 Cr.P.C. The grievance of the

petitioner is that, it is an order releasing the vehicle

without cash deposit which is mandatory as per the

statute.

2. This Crl.M.C. is pending before this Court

from 2018 onwards. The impugned order was passed

on 24.07.2017. Probably the main case itself might

have been completed. Therefore, I am of the

considered opinion that this Court need not interfere

with the impugned order at this stage. The question

raised by the petitioner is left open. But I make it clear

that the impugned order will be subject to the

2024:KER:68238

final order passed by the court and subject to the

confiscation proceedings, if any pending.

With the above observation, this Criminal

Miscellaneous Case is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nvj

2024:KER:68238

PETITIONER ANNEXURES

ANNEXURE A TRUE COPY OF THE ORDER OF HON'BLE JUDICIAL 1ST CLASS MAGISTRATE COURT- 1, ADIMALY DATED 24.07.2017.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE