Syamsundar vs State Of Kerala

The petitioners are accused Nos.1 to 3 in Crime No. 121 of 2020 of Alathur Excise Range, registered under Sections 55(a), 56(b) and 57(a) of the

Abkari Act on the allegation that on 27.9.2020 at 9.30 a.m., the petitioners were found in possession of 34 litres of spirit in a car and 440 litres of spirit

mixed with toddy in a pick â€" up van, in contravention of the provisions of Abkari Act. Both the said vehicles were seen parked on the side of the

road at the relevant time.

The petitioners filed petitions under Section 451 Cr.P.C. praying for releasing their respective mobiles phones and sim cards, seized by the Excise

officials to their interim custody. The court below as per orders dated 6.11.2020 in Crl.M.P. Nos.3464 of 2020 to 3466 of 2020, dismissed the said

petitions, against which these Crl.M.Cs have been filed.

Heard.

The learned counsel for the petitioners has argued that even though the court below had recorded that if the above said articles were released to

the petitioners, there was every chance for tampering with the evidence and committing similar offences, the court below did not state as to how the

evidence could be tampered with if the above articles were released to the petitioners. It appears that the court below did not state as to how the

releasing of the mobile phones would result in tampering with the evidence or committing similar offences. The learned senior Public Prosecutor has

submitted that call details and

The court below also did not state as to how other data had been already collected from the above said articles. Some more suspects are also to be

arrested. The mere fact that some of the suspects are to be arrested is not a ground not to release the above said articles to the interim custody of the

petitioners. If the releasing of the said articles is detrimental to the investigation or the trial of the case, the court will not be justified in releasing the

articles to the interim custody of the petitioners. However, the court below did not state as to how the releasing of the said articles would result in

tampering with the evidence by the petitioners. The releasing of the said articles to the interim custody of the petitioners would lead to the committing

of similar offences. In view of the above, the orders dated 6.11.2020 in Crl.M.P. Nos.3464 of 2020 to 3466 of 2020 cannot be sustained and

consequently, I set aside the same and direct the court below to pass orders afresh on the above said Crl.M.Ps, in accordance with law, affording

reasonable opportunity of hearing to the petitioners and the prosecution.

Needless to state that the petitioners shall be at liberty to raise all their contentions, which have been taken in these Crl.M.Cs, before the court below.

If the petitioners raise any contention, the court below shall consider the said contention, in accordance with law, before passing orders on the above

said Crl.M.Ps.

In the result, these Crl.M.Cs stand disposed of as above.