The High Court disposed of this criminal miscellaneous petition filed under Section 482 Cr.P.C. regarding the seizure of a lorry for mining rule violations. The court directed the District Geologist to report the seizure to the magistrate within ten days.
The court directed the District Geologist to report the seizure to the magistrate within ten 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
MONDAY, THE 9TH DAY OF APRIL 2018 / 19TH CHAITHRA, 1940
Crl.MC.No. 2022 of 2018
CRIME NO.NOT KNOWN OF TOWN SOUTH POLICE STATION, PALAKKAD DISTRICT. --------
PETITIONER(S)
SHIHAB, S/O. SIDHEEQ, AGED 33 YEARS, PARAKKOD HOUSE, KALLEKKAD P.O., PIRAYIRI VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT, (OWNER OF A LORRY BEARING REGISTRATION NO. KL-09-Y-5827).
BY ADV.SRI.P.M.ZIRAJ
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD DISTRICT-678005.
3. THE DISTRICT GEOLOGIST, PALAKKAD DISTRICT-678005.
4. THE DISTRICT COLLECTOR, PALAKKAD DISTRICT-678005.
BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
TS
Crl.MC.No. 2022 of 2018 ()
APPENDIX
PETITIONER(S)'ANNEXURES
ANNEXURE 1 TRUE COPY OF THE MAHASSAR PREPARED BY THE SECOND RESPONDENT DATED 19.3.2018. ANNEXURE 2 TRUE COPY OF THE ORDER DATED 29.6.2017 IN CRL.M.C. NO. 4200 OF 2017.
RESPONDENT(S)'ANNEXURES - NIL
/TRUE COPY/
PS TO JUDGE
TS
10.04.2018
K. ABRAHAM MATHEW, J.
Crl.M.C. No. 2022 of 2018
Dated this the 9th day of April, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
2.The petitioner claims to be the owner of the vehicle seized by the second respondent, SI of Police for the alleged violation of the provisions of the Kerala Minor Mineral Concession Rules and Mines & Minerals (Development & Regulation) Act. The complaint is that the seizure has not been reported to the magistrate nor it has been produced before the magistrate.
..2..
Crl.M.C. No. 2022 of 2018
been reported to the learned magistrate. The third respondent shall immediately report seizure to the learned magistrate.
In the result, this Crl.M.C. is disposed of directing the third respondent, who is said to be in custody of the vehicle, to report seizure to the magistrate having jurisdiction within ten days from the date of receipt or production of a copy of this order whichever is earlier. The petitioner may file an application before the learned magistrate if he is so advised for the release of the vehicle. The learned magistrate shall dispose it of after obtaining reports from the third respondent and after hearing the learned Prosecutor.
Sd/-
K. ABRAHAM MATHEW JUDGE
bka/09.04.2018
2 issues framed by the court
Whether the seizure of the vehicle for alleged violation of mining rules was reported to the magistrate under Section 482 CrPC.
Whether the third respondent has an obligation to report the seizure to the learned magistrate.
2 provisions across 2 enactments
SHIHAB
STATE OF KERALA
THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION
THE DISTRICT GEOLOGIST
THE DISTRICT COLLECTOR
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
