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2004 DIGILAW 508 (KER)

Shanavas v. Circle Inspector of Police

2004-10-25

J.B.KOSHY

body2004
Judgment :- Petitioner in this case was accused No.4 in Crime No.405/02 of North Paravur Police Station. Unregistered under Sections 3, 4, 5 and 7 of Immoral Traffic (Prevention) Act, 1956. The main contention raised by the petitioner is that the Circle Inspector of Police who conducted raid was not an authorized officer. Counsel for the petitioner relied on the judgment of this Court in Sinu Sainudheen v. Sub Inspector of Police (2002 (1) KLT 693). After the above judgment, by notification dated 24.4.2002 published in the Gazette dated 10.5.2002, Circle Inspectors were made as authorized officers under the above Act. Here, the raid was conducted on 31.8.2002. Therefore, petitioner cannot contend that Circle Inspector of Police, who conducted the raid and proceeded with the case, is not an authorized officer. Since the raid was conducted on 31.8.2002, petitioner is not entitled to get the benefit of the decision reported in 2002 (1) KLT 693 (supra). Another co-accused was able to get a favourable order as Government Pleader was not able to place the new notification, is not a ground for the petitioner to escape. All other defences pleaded by the petitioner can be proved before the Magistrate Court. This is not a case where proceedings can be quashed at the inception, without adducing any evidence. The Crl. M.C. is therefore, dismissed.