Ayoob vs State Of Kerala
2021 Latest Caselaw 12075 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

     FRIDAY, THE 16TH DAY OF APRIL 2021 / 26TH CHAITHRA, 1943

                    Crl.MC.No.1700 OF 2021(B)

AGAINST THE ORDER/JUDGMENT IN CRMP 741/2020 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS ,VARKALA


PETITIONER/PETITIONER:

             AYOOB
             AGED 45 YEARS
             S/O. ABUSHAHUMAL,
             ALFIYA MANZIL,
             KARINGANNOOR P. O.,
             VELINALLOOR VILLAGE,
             KOLLAM TALUK, PIN - 691 510.

             BY ADV. SRI.M.R.SASITH

RESPONDENTS/STATE & RESPONDENTS:

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

      2      THE TAHASILDAR
             TALUK OFFICE, VARKALA, PIN - 695 141.

      3      GEOLOGIST
             MINING AND GEOLOGY, THIRUVANANTHAPURAM,
             PIN - 695 004.



             GOVERNMENT PLEADER ADV.SRI CM KAMMAPPU

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1700 OF 2021

                                    2




                              ORDER

Dated this the 16th day of April 2021

Petitioner claims to be the owner of a MGV-

Tipper Lorry, bearing Registration No.KL-24 B-8161. The

vehicle was seized by the Village Officer, Madavoor,

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-I, Varkala. 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.

2. This Crl.M.C is filed aggrieved by condition

No.16(1) in Annexure A1 order, by which the original

documents of the vehicle are directed to be produced

before the court to be retained in court custody and the

petitioner to keep a certified copy of those documents.

Annexure A2 is an order passed by this Court, whereby the Crl.MC.No.1700 OF 2021

condition similar to condition No.16(1) in Annexure A1 was

modified. It is submitted that other similar orders have been

issued by this Court.

3. On the facts of this case and in view of the

earlier orders passed by this Court under similar

circumstances, I am inclined to grant the relief sought for.

In the result, condition No.16(1) 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. No.KL-24 B-8161 as and when required by

the court along with a notarised copy of the documents of

the vehicle."

The Crl.M.C is allowed in part as above.

Sd/-

BECHU KURIAN THOMAS JUDGE SMF Crl.MC.No.1700 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE ORDER IN CR.

M.O.NO.741/2020 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, VARKALA.

ANNEXURE A2 TRUE COPY OF THE ORDER IN CRL.

M.C.NO.3429/2020 OF THE HIGH COURT OF KERALA DATED 28.07.2020.

//TRUE COPY// PA TO JUDGE