Sulfikkarali Valappil vs State Of Kerala And Ors

The petitioner claims to be the registered owner of a Maruti Swift Car bearing Reg. No.KL-65/C-8142. It is his case that the Station House Officer of the Kayamkulam Police Station has taken the vehicle into custody in connection with the Crime No.1250/2020 on 11.7.2020. It is alleged that there were six persons in the car who were arrested by the Police and later released on bail. Although the petitioner filed Annexure A2 - claim petition before the Sub Divisional Magistrate, Chengannur - the 2nd respondent, the 2nd respondent by Annexure-A3 order dismissed the application on the ground that an amount of 86,980/-was recovered from the vehicle. Annexure-A3 order passed by the 2nd respondent is illegal and arbitrary. If the vehicle is kept in the custody of the 2nd respondent, its value would get diminished as it would get exposed to sun and rain. The petitioner is willing to abide by any condition imposed by this Court.

Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondents. Perused the materials on record.

Section 102(3) of the Code of Criminal Procedure (in short "Code") mandates that every Police Officer who seizes any property under Section 102 (1) of the Code has to forthwith report the seizure to the Magistrate having jurisdiction.

Undisputedly, in the present case, the Police have not reported the matter to the jurisdictional Magistrate as contemplated under the law, which they were duty bound to report.

Going by the findings in Annexure-A3 order, the 2nd respondent is not a competent authority to deal with an application under Section 451 of the Code. In the said circumstances, I am of the considered opinion that the Station House Officer of the Kayamkulam Police Station is to be directed to forthwith report the matter to the jurisdictional Magistrate. On filing such report, it will be open to the petitioner to move an application before the said Magistrate.

In the result, the Crl.M.C is disposed of with the following directions:

(i) The Station House Officer of the Kayamkulam Police Station shall report seizure of the vehicle bearing Reg. No.KL-65/C-8142 to the jurisdictional Magistrate within one week from the date of receipt of a copy of this order.

(ii) On such report being filed by the Police, the petitioner or his duly authorised Power of Attorney Holder would be at liberty to file appropriate application before the jurisdictional court seeking interim custody of the above vehicle.

(iii) The petitioner shall submit all the original documents pertaining to the vehicle to the satisfaction of the learned Magistrate.

(iv) The learned Magistrate shall consider the application for interim custody of the vehicle, as expeditiously as possible and in accordance with law.