Allowed

Ashraf Tt v. State of Kerala

Kerala HC3 Jan 2023Crl.MC/30/2023

Case brief

AI extract

What is this about?

The Court held that under Section 102 Cr.P.C., an officer seizing a vehicle must immediately report to the jurisdictional Magistrate. It directed the Respondents to report the seizure forthwith and informed the Magistrate to consider the release application expeditiously.

What did the court decide?

Directed the 2nd respondent to report the seizure to the jurisdictional Magistrate forthwith and inform the 3rd respondent.

Ashraf Tt Vs State of Kerala — Property and Title | Kerala HC (2023)

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Crl.M.C.No.30/23

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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 ZIYAD RAHMAN A.A.

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TUESDAY, THE 3^RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944

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CRL.MC NO.30 OF 2023

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PETITIONER:

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ASHRAF T.T,

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S/O.ABOOBACKER, THATTETHAZHATH HOUSE, NJAGATTIRI PO, TRITHALA, PALAKKAD DISTRICT, PIN – 676 517.

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BY ADV.P.T.SHEEJISH

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA, PIN – 682 031.

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2 THE STATION HOUSE OFFICER, KUTTIPURAM POLICE STATION, KUTTIPURAM, MALAPPURAM DISTRICT, PIN – 679 571.

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3 THE GEOLOGIST, MALAPPURAM, DEPARTMENT OF MINING & GEOLOGY, TIRUR, MALAPPURAM, MALAPPURAM DISTRICT, PIN – 676 101.

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SRI.VIPIN NARAYAN -PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.30/23

O R D E R

The petitioner is the owner of a mini tipper lorry bearing Registration No.KL-52-S-5468. The said vehicle was seized by the 2^nd respondent on 31.12.2022 on the allegation that the said vehicle was used for transporting of red earth in violation of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957. The grievance of the petitioner is that, even though the said vehicle was seized on 31.12.2022, the factum of the seizure is not reported to the jurisdictional Magistrate as contemplated under Section 102 (3) of Cr.P.C.

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This Crl.M.C. is filed in such circumstances, seeking a direction to the 2^nd respondent to report the seizure of the said vehicle to the jurisdictional Magistrate.

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Heard Sri.P.T.Sheejish, learned counsel for the petitioner and Sri.Vipin Narayan, learned Public Prosecutor for the State.

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The learned counsel for the petitioner brought the attention of this Court to Annexure-A3 order passed by this Court in Crl.M.C.No.945 of 2017, in which a case of similar nature was considered and a direction was issued to the Police to report the matter to the jurisdictional Magistrate within a stipulated time.

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Crl.M.C.No.30/23

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After going through the entire materials, I am of the view that the power of the 2^nd respondent to seize the vehicle is governed under Section 102 Cr.P.C and therefore, he has an obligation to report the matter to the jurisdictional Magistrate immediately after effecting such seizure. If no such reporting is made, it amounts to violation of the statutory provisions.

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In such circumstances, this Crl.M.C. is disposed of directing the 2^nd respondent to report the matter to the jurisdictional Magistrate forthwith and thereupon it shall be open for the petitioner to approach the said jurisdictional court seeking custody of the said vehicle by filing appropriate application in this regard. It is further directed that, the 2^nd respondent shall inform the matter to the 3^rd respondent as well.

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With the above observations, this Crl.M.C. is disposed of. Upon reporting of the seizure of the vehicle and submission of application for release of the said vehicle, the learned Magistrate shall consider the same as expeditiously as possible.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

DG/4.1.23

Crl.M.C.No.30/23

APPENDIX OF CRL.MC 30/2023

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PETITIONER ANNEXURES

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Annexure A1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE TIPPER LORRY BEARING REGISTRATION NO.KL-52-S-5468 Annexure A2 TRUE PHOTOCOPY OF THE MAHAZAR DATED 31.12.2022 PREPARED BY THE 2ND RESPONDENT Annexure A3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN CRL.M.C.NO. 945/2017 DATED 08.02.2017

Ashraf Tt v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ashraf Tt v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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