Disposed

Abdul Jaleel v. State of Kerala

Kerala HC17 Feb 2020Crl.MC/1340/2020

Case brief

AI extract

What is this about?

The Court directed the Village Officer and Sub Inspector to report regarding the seizure of a hydraulic excavator to the jurisdictional Magistrate within a week, ensuring the notice to the geologist was obtained before any release order.

What did the court decide?

Respondents directed to report regarding seizure to the jurisdictional Magistrate within a week; Petitioner directed to apply for release.

Abdul Jaleel Vs State of Kerala — Environment and Pollution | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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MONDAY, THE 17TH DAY OF FEBRUARY 2020 / 28TH MAGHA, 1941

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Crl.MC.No.1340 OF 2020(F)

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CRIME NUMBER NOT KNOWN OF THRITHALA POLICE STATION, PALAKKAD DISTRICT

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PETITIONER:

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ABDUL JALEEL, AGED 35 YEARS, S/O.MUHAMMED ALI, RESIDING AT AMBALATHUVEETTIL, ANGADI P.O., PATTITHARA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT (OWNER OF A HYDRAULIC EXCAVATOR MODEL NO.R140LC-9 SERIAL NO.Q401D01647 HSN CODE NO.8429).

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BY ADV. SRI.P.M.ZIRAJ

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2 THE VILLAGE OFFICER, PATTITHARA VILLAGE OFFICE, PALAKKAD DISTRICT-6795341.

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3 THE SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION, PALAKKAD DISTRICT-6795341.

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OTHER PRESENT:

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SRI. RAMESH CHAND – PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1340 OF 2020(F)

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ORDER

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Dated this the 17th day of February, 2020

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Petitioner is the owner of a Hydraulic Excavator
Model No.R140LC9 Serial No.Q401D01647 HSN Code No.8429.
The said excavator was seized by The Village Officer, the 2nd
respondent, with an allegation of offences under the provisions
of Kerala Minor Mineral Concession Rules 2015 and MMDR Act,
by a mahasar which is at Annexure-1 dated 25.1.2020. It is
stated that no crime has yet been registered in connection with
the seizure. The excavator was produced before the Sub
Divisional Magistrate not before the Jurisdictional Judicial
Magistrate required under Section 102 (3) of Cr.P.C.

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2.The 2nd and 3rd respondents are directed to report
regarding the seizure to the jurisdictional Magistrate within a
week and the petitioner shall be at liberty to approach the
jurisdictional Magistrate with an application to get a release of
the excavator. The jurisdictional Magistrate shall also give a
notice to the geologist before ordering release of the excavator

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Crl.MC.No.1340 OF 2020(F)

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and dispose of the matter as expeditiously as possible at any rate
within two weeks of flng of the application.i

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With these observations, the Crl.M.C is disposed of.

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Sd/-
ASHOK MENON
 JUDGE

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NR/18/02/20

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Crl.MC.No.1340 OF 2020(F)

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE I TRUE COPY OF THE SEIZURE MAHASAR DATED 25.01.2020 PREPARED BY THE SECOND RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY// PA TO JUDGE

Abdul Jaleel v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Jaleel v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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