Shamas S.K vs State Of Kerala
2021 Latest Caselaw 615 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                       Crl.MC.No.95 OF 2021(B)

 AGAINST THE ORDER/JUDGMENT IN CMP 1965/2020 DATED 05-10-2020 OF
         JUDICIAL MAGISTRATE OF FIRST CLASS , PARAVOOR


PETITIONER:

               SHAMAS S.K.
               AGED 33 YEARS
               S/O.SALIM, SALIM MANZIL, CHERRY
               MEENADU VILLAGE, KOLLAM TALUK,
               PIN - 691 334

               BY ADV. SRI.M.R.SASITH

RESPONDENTS:

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

      2        DISTRICT COLLECTOR
               CIVIL STATION, KOLLAM,
               PIN - 691 013


OTHER PRESENT:

               SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.95 OF 2021
                                     2




                              O R D E R

Dated this the 7th day of January 2021

Petitioner claims to be the owner of a

Tipper Lorry bearing Registration No.KL-30-

A-3203. The vehicle was seized by the

Sub-Inspector of Police, Parippally,

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. 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 CRL.M.C.NO.95 OF 2021

petitioner complied with the conditions and

the vehicle was released.

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

condition No.4(G), in 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 a similar order passed by

this Court whereby, conditions akin to

condition No.4(G), in Annexure A1 were

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.4(G), in

Annexure A1 is modified as follows:-

The petitioner shall submit an affidavit

undertaking to produce the original CRL.M.C.NO.95 OF 2021

documents of the vehicle bearing

registration No.KL-30-A-3203 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 NB CRL.M.C.NO.95 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 COPY OF THE ORDER IN CMP NO.1965/202 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.