M. SASIDHARAN NAMBIAR, J.

1. Assistant Commissioner of Customs, Kochi filed C.M.P. 777/2010 in Crime 65/2009 of Excise Range, Ernakulam u/s 451 of Code of Criminal Procedure for interim custody of 1360 litres of foreign made foreign liquor seized by the Excise Inspector, Ernakulam near south railway station on 25-11-2009. By Annexure A19 order, learned Magistrate dismissed the petition. Petition is filed u/s 482 of Code of Criminal Procedure to quash Annexure A19 order and to get interim custody of the liquor.

2. Standing Counsel appearing for the petitioner, learned Public Prosecutor and the learned counsel appearing for third respondent who got themselves impleaded were heard.

3. Chapter IX of Customs Act 1967 deals with Warehousing. u/s 57, any warehousing station, the Assistant Commissioner of Customs or Deputy Commissioner of Customs, may appoint public warehouses wherein dutiable goods may be deposited. u/s 58, at any warehousing station, the Assistant Commissioner of Customs or Deputy Commissioner of Customs may license private warehouses wherein dutiable goods imported by or on behalf of the licensee, or any other imported goods in respect of which facilities for deposi