O R D E R

This is an application filed by the petitioner challenging the order passed by the court below in Crl.M.P.No.2852/14 in Crime No.36/2014 Chief Judicial Magistrate Court, Kalpetta under Section 482 of Code of Criminal Procedure .

2. The case of the petitioner in the petition was that petitioner is the registered owner of Bajaj diesel autorikshaw with registration No. KL-12 J 1066 and the vehicle was seized by the excise officials on 14.05.2014 at 10.30 a.m., alleging that the vehicle was used for transportation of Indian Made Foreign Liquor in violation of the provisions of the Abkari Act . In fact, the petitioner has not involved in the crime and the driver of the vehicle was also not aware of the fact and the passenger was carrying the article without the knowledge of the petitioner or his agent namely the driver. Though the vehicle was seized, no proceedings have been initiated by the authorized officer. So, the petitioner filed an application for release of the vehicle before the Chief Judicial Magistrate Court, Kalpetta as Crl.M.P.No.2852/2014 in Crime No.36/2014 under Section 457 of Code of Criminal Procedure and the learned magistrate dismissed the application by i