Abdul Salam P v. the Geologist
Case brief
What is this about?
The High Court of Kerala dismissed writ petitions challenging the seizure and confiscation of vehicles transporting ordinary earth or sand without valid permits. The court held that seizure powers are derived from the Code of Criminal Procedure, mandate for Special Courts under Section 30B is enabling and not mandatory, and Section 21(4A) does not condition confiscation on the existence of such courts. Petitioners were directed to surrender the vehicles.
What did the court decide?
The writ petitions are dismissed. The petitioners are directed to surrender the vehicles released pursuant to interim orders forthwith. They are directed to surrender the vehicles released pursuant to interim orders forthwith. They are free to approach the competent court for interim custody or to compound the offence.