Al - Ameen vs State Of Kerala
2021 Latest Caselaw 5603 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                        Crl.MC.No.891 OF 2021(B)

 AGAINST THE JUDGMENT IN CMP 2109/2020 OF JUDICIAL MAGISTRATE OF
         FIRST CLASS(temporary), SOUTH PARAVOOR, KOLLAM


PETITIONER:

                AL - AMEEN
                AGED 28 YEARS
                S/O SHAHJAHAN, PALLITHEKKATHIL VEEDU,
                NADAYARA,VARKALA, THIRUVANANTHAURAM, PIN-695141.

                BY ADV. SRI.M.R.SASITH

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
                KERALA, PIN-682031.

      2         DISTRICT COLLECTOR
                CIVIL STATION, KOLLAM,
                PIN-691013.

      3         INSPECTOR OF POLICE
                PARIPPALLY POLICE STATION, KOLLAM, PIN-691572.




                SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 891/2021                          2

                                    V.G.ARUN, J.

                ===========================
                         Crl.M.C.No.891 of 2021
                ===========================
                  Dated this the 16th day of February, 2021

                                     ORDER

Petitioner claims to be the owner of a Tipper Lorry

bearing registration No.KL-38-5269. 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, Kollam. 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.

2. This Crl.M.C is filed aggrieved by condition No.G in

paragraph 4 of 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 the order passed by this Court,

whereby, the condition akin to condition No.G in paragraph 4 of

Annexure A1 was 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.G in paragraph 4 of

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-38-5269 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

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE-A1 TRUE COPY OF THE ORDER IN CMP NO.2109/2020 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.