V. RAMKUMAR v. State of Gujarat mandates that as far as CRL.R.P.NO. 349/2008: 2:possible & Ors.

V. RAMKUMAR , J.==========================Crl.R.P. No. 349 of 2008==========================Dated this the 13th day of February, 2008.ORDER The petitioner, who is the accused in Crime No. 408/2006 ofWest Police Station, Thrissur for an offence punishable under Clause 5(a) of the Kerala Rationing Order, 1966 r/w Section 3 of the EssentialCommodities Act, 1955, challenges the order dated 16.01.2008 passedby the Judicial First Class Magistrate-III, Thrissur dismissing thepetitioner's application filed under Section 457 Cr.P.C for interimcustody of the lorry bearing registration No. KL 8B 8560 of which thepetitioner claims to be registered owner.2. The lorry in question was seized by the Town West Police on26.10.2006 for allegedly transporting rationed articles. The learnedMagistrate did not entertain the petition for the reason that theconfiscation proceedings under Section 6(a) of the EssentialCommodities Act, 1955 have been initiated by the District Collector, Thrissur.3. It is admitted that neither the act nor the rules fix a time limitfor the completion of the confiscation proceedings by the DistrictCollector. The decision of the Apex Court in AIR 2003 SC 638-Sundarbhai Ambalal Desai v. State of Gujarat mandates that as far as CRL.R.P.NO. 349/2008: 2:possible the interim custody of such vehicles and other propertiesshould be ordered. Even though more than a year has elapsed afterthe seizure of the lorry in question, the petitioner contends that he hasnot been served with any notice in the confiscation proceedings statedto have been initiated by the Collector. If after the conclusion of theproceedings in crime No. 408/2006 it is ultimately found that thepetitioner did not commit any offence as alleged, he will sufferirreparable loss on account of the exposure of the lorry to the ambientweather. Hence, it is necessary that a time limit has to be fixed forthe finalisation of the confiscation proceedings. Accordingly, if theconfiscation proceedings are not finalised by the District Collector, Thrissur within three months of date of receipt of a copy of this order, the District Collector shall release the vehicle on interim custody on anapplication filed by the petitioner. The release shall be on such termsas he may deem fit. This Crl. R.P is disposed of as above. Hand over a copy of this order to both sides. V. RAMKUMAR, JUDGE.rv CRL.R.P.NO. 349/2008: 3: