IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
Crl.MC.No.5810 OF 2020(E)
PETITIONER/S:
MOHAMMED
AGED 65 YEARS
S/O.ABOOBACKER, ANJILIMOOTTIL HOUSE, V.K.C P.O.,
ALUVA TALUK, ERNAKULAM DISTRICT (OWNER OF A TIPPER
LORRY BEARING REGISTRATION NO.KL-07-CH-1535).
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
2 THE SUB INSPECTOR OF POLICE,
MULAVUKAD POLICE STATION, ERNAKULAM DISTRICT-683517.
3 THE VILLAGE OFFICER,
MULAVUKAD VILLAGE, ERNAKULAM DISTRICT-683517.
4 THE SUB COLLECTOR,
FORTKOCHI, ERNAKULAM DISTRICT-682001.
OTHER PRESENT:
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.5810 OF 2020(E) ..2..
ORDER
Dated this the 8th day of January 2021 The petitioner claims to be the owner of a Tipper Lorry bearing registration No.KL-07-CH- 1535. The said vehicle was seized by the 3rd respondent on 01.12.2020 on the allegation of having used the vehicle for conversion of paddy land in violation of the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The grievance of the petitioner is that respondents 2 to 4 failed to report the seizure of the vehicle to the jurisdictional Magistrate Court. The petitioner rely on Section 102(3) of the Code of Criminal Procedure to contend that the respondents 2 to 4 are duty bound to report the seizure to the jurisdictional Magistrate Court, failing which the Crl.MC.No.5810 OF 2020(E) ..3..
petitioner will be denied an opportunity to move for interim custody under Section 451 Cr.P.C.
2. I heard the learned Public Prosecutor also. The learned Public Prosecutor submits that the vehicle was seized by the 3rd respondent as directed by the 4th respondent and handed over to the Police for custody.
I find merit in the contention that, having seized the vehicle, the respondents 2 to 4 are bound to report the seizure to the jurisdictional Magistrate Court. Accordingly, the Crl.M.C is disposed of with the following directions;
(i) The competent among respondents 2 to 4 shall report seizure of the vehicle bearing registration No.KL-07-CH-1535 covered by Annexure-I to the jurisdictional Magistrate Court within one week of receipt of a copy of a copy of this judgment.
Crl.MC.No.5810 OF 2020(E) ..4..
(ii) On such report being submitted, the petitioner shall be at liberty to submit application seeking interim custody of the vehicle.
(iii) The application for interim custody, if any filed, shall be considered by the jurisdictional Magistrate and appropriate orders passed without delay.
Sd/-
V.G.ARUN
SB/08/01/2021 JUDGE
Crl.MC.No.5810 OF 2020(E) ..5..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE ORDER DATED
20.10.2020 IN CRL.M.C.NO.4203 OF 2020.
//true copy// P.A to Judge