The petitioner challenged the seizure of his vehicle via writ petition. The Court held that since the criminal case is pending, the proper remedy is to approach the Jurisdictional Magistrate Court for custody of the vehicle. The writ petition was accordingly disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
WP(C) NO. 1094 OF 2023
PETITIONER:
AMEER P.A AGED 37 YEARS S/O MUHAMMED A.K SIYAD MANZIL, PAZHAYA KADAPPURAM KANHANGAD SOUTH, KASARAGOD-671531.
BY ADVS. K.I.SAGEER MUHAMMED YASIL
RESPONDENTS:
1 DISTRICT COLLECTOR CIVIL STATION, VIDHYA NAGAR, KASARAGOD-671123. 2 STATION HOUSE OFFICER HOSDURG POLICE STATION HOSDURG, KASARAGOD-671531 3 DISTRICT GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY E- BLOCK, 2ND FLOOR CIVIL STATION, VIDHYA NAGAR KASARAGOD-671123
BY SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.1094 of 2023
: 2 :
J U D G M E N T
------------------------
Dated this the 18th day of January, 2023
The petitioner states that he is the owner of a Tipper Lorry bearing registration No.KL-23D-5035. The petitioner's vehicle was seized by the 2nd respondent-Station House Officer alleging that on 04.09.2021 the vehicle was found transporting two sacks of river sand. It was also alleged that the petitioner has committed offence punishable under Section 379 IPC read with Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act.
WP(C) No.1094 of 2023
: 3 :
vehicle is getting damaged day by day. The petitioner submitted Ext.P4 representation dated 02.01.2023 seeking to release the vehicle, which was of no avail. Therefore, the petitioner seeks to direct the 3rd respondent to release the vehicle to the petitioner.
WP(C) No.1094 of 2023
: 4 :
Removal of Sand Act. It is discernible from the pleadings that an FIR has been registered and the case is pending as C.C. No.552/2022 before the Judicial First Class Magistrate's Court, Hosdurg. As the case is now pending before the Judicial First Class Magistrate's Court, it will be only proper that the petitioner approaches the Jurisdictional Court to get custody of the vehicle invoking the provisions of the Code of Criminal Procedure.
In the circumstances, the writ petition is disposed of giving liberty to the petitioner to approach the Judicial First Class Magistrate's Court for release / custody of his vehicle. The petitioner submits that he is willing to make an application within a period of one week. If the petitioner makes such application, this Court is sure that the Jurisdictional Magistrate will consider the same and pass appropriate orders in accordance with law expeditiously.
Sd/-
N. NAGARESH
JUDGE
sss
WP(C) No.1094 of 2023
: 5 :
APPENDIX OF WP(C) 1094/2023
PETITIONER'S EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE FIR IN CRIME NO.835/2021 OF THE HOSDURG POLICE STATION DATED 04.09.2021 EXHIBIT-P2 A TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 2ND RESPONDENT DATED 04.09.2021 EXHIBIT-P3 A TRUE COPY OF THE ORDER DATED 12.08.2022 IN CRL.M.C NO.4538/2021 OF THIS HON'BLE COURT EXHIBIT-P4 A TRUE COPY OF THE REPRESENTATION DATED 02.01.2023 SUBMITTED TO THE 3RD RESPONDENT
2 issues framed by the court
Whether a writ of quo warranto or mandamus can be issued to release a seized vehicle when the criminal case is pending before the competent criminal court.
Whether the petitioner has exhausted his alternative remedy by approaching the competent Magistrate Court for custody of the seized vehicle.
3 provisions across 2 enactments
AMEER P.A
DISTRICT COLLECTOR CIVIL STATION VIDHYA NAGAR
STATION HOUSE OFFICER HOSDURG
DISTRICT GEOLOGIST
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
