Disposed

Abdul Basiyh v. State of Kerala

Kerala HC4 Aug 2009Crl.MC/2337/2009

Case brief

AI extract

What is this about?

In Crl.MC.No. 2337 of 2009, this court disposed of a petition for production of a seized lorry and interim custody. The court held that since confiscation proceedings were pending before the District Collector, the petitioner should approach that authority instead.

What did the court decide?

Petition disposed; liberty granted to approach the District Collector for interim custody of the vehicle.

Abdul Basiyh Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931

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Crl.MC.No. 2337 of 2009()

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-------------------------------------(CRIME NO.377/2009 OF PARIPPALLY POLICE STATION,KOLLAM DISTRICT)

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PETITIONER(S): OWNER OF THE VEHICLE:

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----------------------------------------------------------------

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ABDUL BASIYH,MUBEENA MANZIL, NADAKKAL,KOLLAM.

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BY ADV. MR.C.RAJENDRAN

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RESPONDENT(S): STATE AND COMPLAINANT:

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---------------------------------------------------------------------

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.

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2. THE SUB INSPECTOR OF POLICE, PARIPPALLY POLICE STATION, KOLLAM DISTRICT.

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R1 & R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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M.SASIDHARAN NAMBIAR,J.

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CRL.M.C.NO.2337 OF 2009

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Dated 4^th August 2009

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O R D E R

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This petition is filed under Section 482 of

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Code of Criminal Procedure for a direction to second respondent Sub Inspector to produce lorry No.KL-07/F-5553 seized by the police under Sections 20 and 21 of Kerala River Banks Protection and Regulation of Removal of Sand Act and a direction to MunsiffMagistrate, Paravur, Kollam to entertain an application for interim custody to be filed by the petitioner.

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Learned Public Prosecutor submitted that lorry seized in crime No.377/2009 of Paripally police station was produced before the District Collector on 25/6/2009 prior to the filing of the petition. When confiscation proceedings is pending before the District Collector and the vehicle is produced for confiscation before the District Collector it is for the petitioner to approach that authority for custody

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CRMC 2337/09

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of the vehicle. In such circumstances, with liberty to the petitioner to approach the District Collector to get interim custody of the vehicle, this petition is disposed.

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M.SASIDHARAN NAMBIAR, JUDGE.

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uj.

Abdul Basiyh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Basiyh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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Coram

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