IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
Crl.MC.No.66 OF 2021(G)
AGAINST THE ORDER/JUDGMENT IN CMP 4714/2019 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT, PARAVUR
PETITIONER:
VISHNU
S/O. SUJU, ASAN MADAM VEEDU, KOONAYIL CHERRY,
PARAVUR VILLAGE, KOLLAM TALUK, PIN-691 301
BY ADV. SRI.M.R.SASITH
RESPONDENT/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN-682 031
2 DISTRICT COLLECTOR,
CIVIL STATION, KOLLAM,
PIN-691 013
3 SUB-INSPECTOR OF POLICE,
PARIPPALLY POLICE STATION,
KOLLAM, PIN-691 574
OTHER PRESENT:
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.66 OF 2021
2
O R D E R
Dated this the 6th day of January 2021 Petitioner claims to be the owner of a Tipper Lorry bearing Registration No.KL-02-BE- 1247. The vehicle was seized by the 3rd respondent alleging violation of the provisions of the Kerala Minor Mineral Concession Rules, 2015 and the Mines and Minerals (Development and Regulation) Act, 1957. After seizure, the petitioner's vehicle was produced before the Judicial First Class Magistrate Court (Temporary), South Paravur. On the basis of an application submitted by the petitioner under Section 457 of the Code of Criminal Procedure, the learned Magistrate issued Annexure A1 order directing release of the vehicle, subject to conditions. The petitioner complied with the conditions and the vehicle was released. CRL.M.C.NO.66 OF 2021 3
2. This Crl.M.C is filed aggrieved by condition No.8 in Annexure A1 order, directing the original documents produced before the court to be retained in court custody and to issue true certified copies of those documents to the petitioner. Annexures A2 is the order passed by this Court whereby, the conditions akin to condition No.8 in Annexure A1 were modified.
3. On the facts of this case and in view of the earlier order passed by this Court under similar circumstances, I am inclined to grant the relief sought.
In the result, condition No.8 in Annexure A1 is modified as follows:-
The petitioner shall submit an affidavit undertaking to produce the original documents of the vehicle bearing registration No.KL-02-BE-1247 as and when required by the court. On submission of such affidavit, the original documents of the vehicle kept in the safe custody of the court shall be released to CRL.M.C.NO.66 OF 2021 4 the petitioner, after substituting those documents with certified copies.
The Crl.M.C is allowed as above.
Sd/-
V.G.ARUN JUDGE NB CRL.M.C.NO.66 OF 2021 5 APPENDIX PETITIONER'S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE ORDER IN CMP NO.
4714/2019 OF MAGISTRATE COURT I, (TEMPORARY), SOUTH PARAVUR, KOLLAM. ANNEXURE A2 TRUE COPY OF THE ORDER IN CRL.M.C. NO.
3429/2020 OF HIGH COURT OF KERALA.