IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
Crl.MC.No.95 OF 2021(B)
AGAINST THE ORDER/JUDGMENT IN CMP 1965/2020 DATED 05-10-2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS , PARAVOOR
PETITIONER:
SHAMAS S.K.
AGED 33 YEARS
S/O.SALIM, SALIM MANZIL, CHERRY
MEENADU VILLAGE, KOLLAM TALUK,
PIN - 691 334
BY ADV. SRI.M.R.SASITH
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
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.95 OF 2021
2
O R D E R
Dated this the 7th day of January 2021 Petitioner claims to be the owner of a Tipper Lorry bearing Registration No.KL-30- A-3203. The vehicle was seized by the Sub-Inspector of Police, Parippally, 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 CRL.M.C.NO.95 OF 2021 3 petitioner complied with the conditions and the vehicle was released.
2. This Crl.M.C is filed aggrieved by condition No.4(G), 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. Annexure A2 is a similar order passed by this Court whereby, conditions akin to condition No.4(G), 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.4(G), in Annexure A1 is modified as follows:-
The petitioner shall submit an affidavit undertaking to produce the original CRL.M.C.NO.95 OF 2021 4 documents of the vehicle bearing registration No.KL-30-A-3203 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 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.95 OF 2021 5 APPENDIX PETITIONER'S EXHIBITS:
ANNEXURE A1 COPY OF THE ORDER IN CMP NO.1965/202 OF MAGISTRATE COURT-I (TEMPORARY), SOUTH PARAVUR, KOLLAM.
ANNEXURE A2 TRUE COPY OF THE ORDER IN CRL.MC.NO.3429/2020 OF HIGH COURT OF KERALA.