Kerala High Court
Nizamudeen.N vs The Station House Officer on 15 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
Crl.MC.No.5626 OF 2020(C)
AGAINST THE JUDGMENT IN CMP 8031/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I,HOSDRUG
PETITIONER:
NIZAMUDEEN.N
S/O. KHADER, MANGARATH HOUSE, NIDUMBA, VALIYAPOIL
POST, THIMIRI, HOSDURG TALUK, KASARAGOD DISTRICT,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SRI.
RAKESH P.P., S/O. GOPALAN, AGED 31 YEARS,
PUTHIYAPURAYIL HOUSE, NIDUMBA, THIMIRI, HOSDURG
TALUK, KASARAGOD DISTRICT.
BY ADV. SRI.O.D.SIVADAS
RESPONDENTS:
1 THE STATION HOUSE OFFICER
CHEEMENI POLICE STATION, CHEEMENI, KASARAGOD
DISTRICT-671 313.
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crmc 5626/2020 2
V.G.ARUN, J.
===========================
Crl.M.C.No.5626 of 2020
===========================
Dated this the 15th day of January, 2021
ORDER
The petitioner claims to be the owner of Goods Carriage bearing
registration No.KL-14 H 8860, which has been seized consequent to its
involvement in an offence under Mining and Minerals (Development &
Regulation)Act. Petitioner sought release of his vehicle by making an
application under Section 451 Cr.P.C before the jurisdictional court. The
application stands rejected vide Annexure A3 order and hence this Crl.M.C.
2. A perusal of Annexure A3 shows that the learned Magistrate
proceeded to dismiss the application for the reason that the petitioner's
vehicle was reported to have been involved in three similar offences on
previous occasions.
3. Learned Public Prosecutor submits, on instructions received from
the R.D.O, that on all the previous occasions, petitioner had submitted
applications for compounding and the offences were compounded on
remittance of Rs.10,000/-. Since petitioner is continuing to commit the
offence, the R.D.O informed the instant seizure to the District Collector for
initiating appropriate proceedings.
4. Learned counsel for the petitioner submitted that the vehicle was
seized while carrying sea sand, whereas according to the learned Public
Prosecutor, what was being transported was red earth. It is true that
repeated commission of an offence would deter courts from granting interim
custody of the vehicle to the offender. But, on the other hand, detention of
the vehicle would result in the petitioner being deprived of his only means of
livelihood. Taking these facts into consideration, the petitioner is permitted
to submit an application seeking release along with a copy of this order, with
advance notice to the learned Public Prosecutor. In such event, the Judicial
First Class Magistrate-I, Hosdurg shall release the vehicle bearing
registration No.KL-14 H 8860 to the petitioner, subject to the following
conditions.
a) Petitioner shall produce certified copy of the relevant pages of the
registration certificate, insurance and other particulars pertaining to the
vehicle. The vehicle shall be released only on the learned Magistrate being
satisfied that the petitioner's vehicle is having all requisite documents.
b) Petitioner shall deposit an amount of Rs.20,000/- and file an
undertaking that he will not commit any further offence involving the vehicle
and will not transfer or alienate the vehicle during the subsistence of the
instant proceedings.
Sd/-
V.G.ARUN
JUDGE
lgk
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE RELEVANT PORTION OF THE
REGISTRATION CERTIFICATE OF THE
PETITIONER'S VEHICLE.
ANNEXURE A2 TRUE COY OF THE G.O.(P) 6/2019/ID DATED
14.2.2019 PUBLISHED VIDE S.R.O.
NO.134/2019.
ANNEXURE A3 TRUE COPY RELEASE ORDER DATED 4.12.2019 IN
CMP NO.8031 OF 2019 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-I, HOSDURG
