Gigi Mathew vs State Of Kerala
2021 Latest Caselaw 11985 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

    TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943

                     Crl.MC.No.2006 OF 2021(A)

     AGAINST THE ORDER/JUDGMENT IN CRMP 1220/2021 OF JUDICIAL
              MAGISTRATE OF FIRST CLASS ,THIRUVALLA


PETITIONER:

              GIGI MATHEW
              AGED 56 YEARS
              S/O. C.C.MATHEW, CHUDUKATTIL HOUSE, PACHA
              CHEKKIDIKKADU P.O., EDATHUA, ALAPPUZHA (OWNER OF
              TIPPER LORRY BEARING REGISTRATION NO.KL-66-A-9466).

              BY ADVS.
              SRI.T.P.PRADEEP
              SRI.P.K.SATHEES KUMAR
              SMT.MINIKUMARY M.V.
              SHRI.AJAI JOHN

RESPONDENTS/STATE & THE COMPLAINANT:

      1       STATE OF KERALA
              REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
              KERALA-682 031.

      2       THE SUB INSPECTOR OF POLICE
              PERUMPETTY, PATHANAMTHITTA, PIN-689 615.

      3       THE DISTRICT COLLECTOR
              COLLECTORATE, PATHANAMTHITTA , PIN-689645.


              SRI C M KAMMAPPU-SR PUBLIC PROSECUTOR

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2006 OF 2021

                                    2




                                  ORDER

Dated this the 13th day of April 2021

The petitioner claims to be the owner of a Tipper

Lorry bearing registration No.KL-66-A-9466. The said vehicle

was seized by the 2nd respondent on 22.03.2021 for alleged

violation of the provisions of the Kerala Minor Mineral

Concession Rules, 2015 and the Mines and Minerals

(Development and Regulation), Act, 1957. The grievance of

the petitioner is that the 2nd respondent failed to report the

seizure of the vehicle to the jurisdictional Magistrate Court.

The petitioner relies on Section 102(3) of the Code of criminal

Procedure to contend that the 2nd respondent is duty bound to

report the seizure to the jurisdictional Magistrate Court, failing

which the 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.

3. I find merit in the contention that, having seized

the vehicle, the 2nd respondent is bound to report the seizure Crl.MC.No.2006 OF 2021

to the jurisdictional Magistrate Court. Accordingly, the Crl.M.C.

is disposed of with the following directions;

i) The 2nd respondent shall report seizure of the vehicle

bearing registration No.KL-66-A-9466 to the jurisdictional

Magistrate Court within one week of receipt of a copy of this

judgment.

ii) On such report being submitted, the petitioner shall

be at liberty to submit applications under Section 451 Cr.P.C

seeking interim custody of the vehicle and the machine.

iii) The applications for interim custody, if any filed, shall

be considered by the jurisdictional Magistrate and appropriate

orders passed without delay.

Annexure G order is set aside and Crl.M.C. is

allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE SMF Crl.MC.No.2006 OF 2021

APPENDIX OF Crl.MC 2006/2021 PETITIONER'S EXHIBITS:

ANNEXURE A TRUE COPY OF RELEVANT PAGE OF R.C BOOK OF TIPPER LORRY BEARING REGISTRATION NO.KL-66- A-9466.

ANNEXURE B TRUE COPY OF THE ORDER DATED 18.2.2021 OF THE DISTRICT GEOLOGIST, PATHANAMTHITTA.

ANNEXURE C TRUE COPY OF THE CONSIGNEE COPY OF THE EPASS OF THE PETITIONER'S VEHICLE.

ANNEXURE D TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA.

ANNEXURE E TRUE COPY OF A REPORT SUBMITTED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA.

ANNEXURE F TRUE COPY OF THE ORDER DATED 30.3.2021 IN CRL.M.P.1220/2021 OF THE JFCM COURT, THIRUVALLA.

ANNEXURE G TRUE COPY OF THE ORDER DATED 3.12.2020 IN CRL.M.C.NO.5464/2020.

//TRUE COPY// PA TO JUDGE