Petitioner's lorry seized for transporting sea sand. Court held no provision in Mines and Minerals Act allows confiscation. Directed release of vehicle after unloading contraband.
Direction to third respondent to release the petitioner's vehicle after unloading the contraband.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 12TH DAY OF DECEMBER 2019 / 21ST AGRAHAYANA, 1941
WP(C).No.25232 OF 2019(D)
PETITIONER:
RAMESH K. AGED 30 YEARS S/O. KAIKKALAN, KONNOTH, IRIYA, P.O. IRIYA, PULLUR, KANHANGAD, KASARGODE. BY ADV. SRI.K.I.SAGEER
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER/SUB COLLECTOR, KANHANGAD KANHANGAD, REVENUE DIVISIONAL OFFICE, HOSDURG - 671 315.
2 DISTRICT POLICE CHIEF KASARGODE - 671 121.
3 STATION HOUSE OFFICER BEKKAL POLICE STATION, BEKKAL - 671 316.
SMT. VINITHA GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.25232 of 2019
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J U D G M E N T
The petitioner is the registered owner of a tipper
lorry. It is stated by the petitioner that the vehicle was seized by the third respondent on 09.08.2019 while the lorry was being used for transportation of building waste. It is alleged that though the vehicle was seized, no proceedings whatsoever was initiated against the petitioner till now. The petitioner, therefore, seeks appropriate directions for release of the vehicle.
also the learned Government Pleader.
W.P.(C)No.25232 of 2019
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against the petitioner. It is however, conceded that there is no provision in the said statute for confiscation of vehicle on account of the reason aforesaid. If that be so, according to me, the vehicle is liable to be released to the petitioner after unloading the contraband.
In the circumstances, the writ petition is disposed of directing the third respondent to release the vehicle of the petitioner referred to in the writ petition, without prejudice to the proceedings contemplated against the petitioner.
Sd/P.B.SURESH KUMAR, JUDGE.
DK
W.P.(C)No.25232 of 2019
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE RC PARTICULARS OF MGV-TIPPER LORRY BEARING REG.NO.KL14J-1160.
EXHIBIT P2 A TRUE COPY OF THE COMPLAINT SUBMITTED BY ONE KAMAL MITRAN BEFORE THE 2ND RESPONDENT DATED 13.8.2019.
EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 21.8.2019.
EXHIBIT P4
A TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 25.10.2019.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
DK
1 issue framed by the court
Whether the vehicle seized for transporting sea sand can be released to the owner since the statute provides no provision for vehicle confiscation.
1 provisions across 1 enactments
Ramesh K.
Revenue Divisional Officer/Sub Collector, Kanhangad
District Police Chief, Kasargode
Station House Officer Bekkal
Smt. Vinitha GP
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
