Petitioner sought intervention regarding seizure of his lorry for alleged Mines Act violation and absence of crime registration. Court directed petitioner to approach Magistrate via Section 457 Cr.P.C. for interim custody.
Petitioner directed to approach learned Magistrate and file application under Section 457 Cr.P.C. for interim custody of seized vehicle.
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 RAJA VIJAYARAGHAVAN V
MONDAY, THE 11TH DAY OF MARCH 2019 / 20TH PHALGUNA, 1940
Crl.MC.No. 1496 of 2019
(CRIME NOT REGISTERED BY THE MELATTOOR POLICE STATION IN MALAPPURAM DISTRICT)
PETITIONER:
MOHAMMADALI, AGED 55 YEARS, S/O.MOHAMMED, SRAMBIKKAL HOUSE, KACHERIPARAMBU P.O., ALANALLUR, MANNARKKAD, PALAKKAD DISTRICT.
BY ADV. SRI.NIREESH MATHEW
RESPONDENTS/STATE & COMPLAINANT:
BY PUBLIC PROSECUTOR SRI. AJITH MURALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC:1496/2019
2
ORDER
A registered tipper lorry bearing registration No.KL-59/B-5748 owned by the petitioner herein was seized on 15.02.2019. The grievance of the petitioner is that no crime has been registered and the seizure has not been reported to the learned Magistrate. The vehicle was seized allegedly for violating the provisions of the Mines and Minerals (Regulation and Development) Act, 1957.
This petition is accordingly, disposed of.
SD/-
RAJA VIJAYARAGHAVAN V., JUDGE
krj
//TRUE COPY// P.A. TO JUDGE
CRL.MC:1496/2019
3
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A TRUE PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF VEHICLE NO.KL59/B-5748. ANNEXURE B PHOTOCOPY OF THE SEIZURE MAHAZAR DATED 15.02.2019 PREPARED BY THE 2ND RESPONDENT. ANNEXURE C TRUE PHOTOCOPY OF THE DECISION REPORTED IN 2014(4) KHC 210, ANFAR VS. STATE of KERALA & ANOTHER.
RESPONDENTS’ EXHIBITS:-NIL
2 issues framed by the court
Whether to grant interim custody of seized lorry in absence of crime registration.
Whether to direct Magistrate to consider application for vehicle custody.
Colour shows how this judgement treated each authority
ANFAR vs. State of Kerala & AnotherReferred¶31
2014(4) KHC 210, ANFAR vs. State of Kerala & Another
1 provisions across 1 enactments
Mohammadali
State of Kerala
Sub Inspector of Police, Melattoor
The Geologist, Mines and Minerals
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
