This judgment addresses a claim by the petitioner that a vehicle seized by the police under the Kerala Minor Mineral Concession Rules and the MMDR Act was not reported to the Magistrate within the statutory timeframe.
The Second Respondent was directed to report the seizure of the vehicle to the Magistrate having jurisdiction within four days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY, THE 22ND DAY OF JUNE 2017/1ST ASHADHA, 1939
Crl.MC.No. 4026 of 2017 ()
PETITIONER(S):
ABU CHERIYIL, AGED 50 YEARS, S/O.KUNCHAYU, CHERIYIL HOUSE, ANAKKAYAM (P.O), MALAPPURAM (DT)-676509
BY ADV. SRI.MAHBOOB ARUVEETTIL
RESPONDENT(S):
1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682031
2. THE SUB INSPECTOR OF POLICE, PERINTHALMANNA-679322
BY PUBLIC PROSECUTOR SRI.T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4026 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS -----------------------
ANNEXURE A COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NUMBER KL 53 F 5288
RESPONDENT(S)' EXHIBITS NIL -----------------------
//TRUE COPY//
PA TO JUDGE
bka/-
K. ABRAHAM MATHEW, J.
Crl.M.C. No. 4026 of 2017
Dated this the 22nd day of June, 2017
O R D E R
Petition filed under Section 482 Cr.P.C.
and the MMDR Act. The complaint is that the seizure has not been reported to the Magistrate concerned.
In the result, the Crl.M.C. is disposed of directing the 2nd respondent to report seizure of the vehicle within four days to the Magistrate having jurisdiction. If an application is filed by the petitioner under Section 451 Cr.P.C., the learned Magistrate may dispose of it after obtaining the report of the geologist and the Station House Officer.
Sd/- K. ABRAHAM MATHEW JUDGE
bka/-
2 issues framed by the court
Whether a seizure of a vehicle under the Kerala Minor Mineral Concession Rules and the MMDR Act was reported to the Magistrate.
Whether the seizure was reported to the Magistrate within the statutory period.
4 provisions across 3 enactments
ABU CHERIYIL
STATE OF KERALA
SUB INSPECTOR OF POLICE, PERINTHALMANNA
K. ABRAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
