Court dismissed petitioner's petition requesting interim release of seized lorry, directing instead that the petitioner file a petition under Section 457 Cr.P.C before the Judicial Magistrate.
Petitioner directed to file petition under Section 457 Cr.P.C to recall report from officer.
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 V.G.ARUN
FRIDAY, THE 03RD DAY OF MAY 2019 / 13TH VAISAKHA, 1941
Crl.MC.No. 3159 of 2019
CRIME NO.NOT KNOWN OF ALUVA WEST POLICE STATION, ERNAKULAM
DISTRICT.
PETITIONER/S:
SUNNY K.J. AGED 55 YEARS S/O. JOSEPH, KACHAPPILLY, MANIKKAMANGALAM P.O., MATTOOR VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, (OWNER OF A LORRY BEARING REGISTRATION NO. KL-63-F-1916).
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT/S:
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.,
2 THE INSPECTOR OF POLICE, ALUVA WEST POLICE STATION, ERNAKULAM DISTRICT 683 101.
OTHER PRESENT:
PP C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.No.3159 of 2019
ORDER
The petitioner claims to be the owner of a vehicle bearing registration No.KL-63-F-1916. The petitioner's vehicle was seized by the second respondent on 17.4.2019, alleging violation of the provisions of the Kerala Minor Mineral Concession Rules 2015 and Kerala Minerals (Prevention of illegal mining, storage and transportation) Rules, 2015. According to the petitioner, the seizure has not been reported to the jurisdictional Magistrate Court as provided under Section 102 (3) of the Code of Criminal Procedure. The prayer in this petition is to direct the second respondent to produce the vehicle before the jurisdictional Judicial Magistrate Court and to release the same to the petitioner on interim custody.
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Crl.M.C.No.3159 of 2019
and the learned Public Prosecutor, I am of the opinion that it is sufficient that a direction is issued to the petitioner to file a petition under Section 457 Cr.P.C before the concerned Judicial Magistrate, who shall then call for a report from the officer concerned and pass appropriate orders.
The Crl.M.C is disposed of with the above direction.
Sd/- V.G.ARUN JUDGE
Scl/3.5
Crl.M.C.No.3159 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE MAHASSAR DATED 17.4.2019 PREPARED BY THE SECOND RESPONDENT.
ANNEXURE 2 TRUE COPY OF THE ORDER DATED 15.3.2019 IN CRL M.C. NO. 2020/2019.
ANNEXURE 3 TRUE COPY OF THE ORDER DATED 8.10.2018 IN CRL M.C. NO. 6649/2018.
ANNEXURE 4 TRUE COPY OF THE ORDER DATED 7.12.2018 IN CRL M.C. NO. 8111/2018.
ANNEXURE 5 TRUE COPY OF THE ORDER DATED 17.1.2017 IN CRL M.C. NO. 21 OF 2017.
Crl.M.C.No.3159 of 2019
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2 issues framed by the court
Whether a direction to file a petition under Section 457 Cr.P.C is sufficient remedy instead of releasing seized vehicle on interim custody.
Whether the seizure of a lorry for alleged violation of mineral rules under Section 102 Cr.P.C was reported to the Magistrate.
2 provisions across 1 enactments
Sunny K.J.
State of Kerala
The Inspector of Police, Aluva West Police Station
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
