Disposed
Veeran v. State of Kerala
Kerala HCCrl.MC/3442/2011
Case brief
from the order text
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HIGH COURT OF KERALA AT ERNAKULAM PRESENT :…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN
MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933
Crl.MC.No. 3442 of 2011()
-------------------------------------CMP.NO.6178/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NILAMBUR.
... (CR.NO.543/2011 OF NILAMBUR POLICE STATION)
PETITIONER(S): PETITIONER: --------------------------------------------VEERAN, S/O.MAMMAD(LATE)URUPPAKEEDAN HOUSE, KARULAI AMSOM, VAIKKAL P.O.,KARULAI, MALAPPURAM DISTRICT.
BY ADV. SRI.P.SAMSUDIN
RESPONDENT(S): ---------------------------
THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE NILAMBUR, MALAPPURAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
CRMC.NO.3442/2011
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A1:TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE SI OF POLICE NILAMBUR. ANNEXURE A2:TRUE COPY OF THE ORDERIN CMP 6178/2011 OF THE JFCM COURT NILAMBUR.
RESPONDENTS' ANNEXURES: N I L
/TRUE COPY/
P.S.TO JUDGE
Kss
N.K.BALAKRISHNAN, J.
Crl.M.C.No.3442 of 2011
Dated this the 14th day of November, 2011
Order
The petitioner is the owner of the mini lorry bearing registration No.KL-7-D-9717. It was stated to have been seized by the police in connection with crime No.543 of 2011 of Nilambur Police Station. The offences alleged in that crime are under Sections 308, 283 and 353 r/w 34 IPC and also under Section 23 r/w Sec.20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Section 23 of the KPRB & RRS Act deals with confiscation of vehicles which reads as follows:
“ 23. Confiscation of vehicles.- Whoever
transports sand without complying with the provisions
of this Act shall be liable to be punished and the vehicle used for the transaction is liable for seizure by the Police or Revenue Officials.
Explanation.- The term 'vehicle' for the purpose of this section includes 'country boat' and raft.”
Crl.M.C.3442/11 2
The main allegation in the crime is that the aforesaid vehicle was used for illegal transport of river sand. The further allegation is that the police officer was attempted to be dashed against by the vehicle driven by the accused in order to cause his death. The learned counsel for the petitioner submits that no seizure mahazar was prepared under the KPRB & RRS Act regarding the seizure of the vehicle whereas the vehicle was in fact produced on getting a notice from the S.I. of Police.
Crl.M.C.3442/11
3
been commenced, it is not proper for this court to interfere with the same. Hence, leaving open all the points to be urged before the concerned authority, this Crl.M.C. is closed.
N.K.BALAKRISHNAN, JUDGE.
srd
Crl.M.C.3442/11 4
Veeran
The State of Kerala
N.K. Balakrishnan
As recorded by the court registry
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