Disposed

Noufal v. State of Kerala

Kerala HC4 Feb 2022Crl.MC/814/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the petitioner sought release of his lorry wrongfully detained by police after seizure during earth transport. The court directed immediate restoration of the vehicle following mandatory reporting requirements under CrPC.

What did the court decide?

Directed the second respondent to release the seized lorry forthwith without any conditions upon production of documents and execution of a bond.

Noufal Vs State of Kerala — Property and Title | Kerala HC (2022)

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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 K.HARIPAL

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FRIDAY, THE 4^TH DAY OF FEBRUARY 2022 / 15TH MAGHA, 1943 CRL.MC NO. 814 OF 2022

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PETITIONER:

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NOUFAL AGED 35 YEARS S/O.SAIDALAVI, KARIPARAMBATH HOUSE, KOLATHUR P.O., MALAPPURAM DISTRICT, PIN - 679338 BY ADV BABU S. NAIR

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RESPONDENTS/STATE & COMPLAINANT:

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1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031

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2 THE SUB INSPECTOR OF POLICE KUTTIPURAM POLICE STATION, MALAPPURAM DISTRICT. PIN - 676503

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BY SMT. SREEJA V., SENIOR PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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04.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.814 OF 2022 2

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ORDER

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Petitioner is the registered owner of a Mini Lorry bearing No. KL-53-N-1201. On 02.02.2022, after obtaining necessary permit from the authorities, while he was transporting ordinary earth and broken laterite stones, he was apprehended by the second respondent and the vehicle was seized. Even though it is mandatory that the matter be reported to the jurisdictional court, that is not being done and the vehicle is kept in the police station premises idle. Thus he seeks a direction to the second respondent to release the vehicle forthwith, unconditionally.

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I heard the learned counsel for the petitioner and

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also the learned Senior Public Prosecutor.

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It is mandatory that when a vehicle is seized by the police, as provided under Section 102(3) of the Code of Criminal Procedure, the matter be reported to the jurisdictional court with least possible delay. If no offence is made out, still

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Crl.M.C.No.814 OF 2022 3

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on an application, the vehicle has to be returned to the registered owner on producing necessary documents and also

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on executing bond, fixing the value of the vehicle. That shall be done forthwith.

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The Crl. M.C. is disposed of with the above direction.

Sd/-

K.HARIPAL

JUDGE

DCS/04.02.2022

Crl.M.C.No.814 OF 2022 4

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APPENDIX

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PETITIONER'S ANNEXURE

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ANNEXURE A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OWNED BY THE PETITIONER ANNEXURE B A TRUE COPY OF THE PERMIT ISSUED IN RESPECT OF THE VEHICLE OF THE PETITIONER, DATED, 2-2-2022 ANNEXURE C TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 2ND RESPONDENT DATED, 2-2-2022 ANNEXURE D A TRUE COPY OF THE ORDER IN CRL.M.C.NO.217/2022 DATED, 14-1-2022 OF THIS HON'BLE COURT

Noufal v. State of Kerala

Case brief

What is this about?

What did the court decide?

Noufal v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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