Abdul Samad vs The Deputy Tahsildar
2021 Latest Caselaw 13058 Ker

Citation : 2021 Latest Caselaw 13058 Ker
Judgement Date : 18 June, 2021

Kerala High Court

Abdul Samad vs The Deputy Tahsildar on 18 June, 2021

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
 FRIDAY, THE 18TH DAY OF JUNE 2021 / 28TH JYAISHTA, 1943
                 CRL.MC NO. 2741 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CMP 1024/2021 OF JUDICIAL
     MAGISTRATE OF FIRST CLASS , PATTAMBI, PALAKKAD
PETITIONER/S:

         ABDUL SAMAD
         AGED 28 YEARS, S/O ABDUL SALAM, PALLIYAYIL
         HOUSE, CHOORAKODU P.O, VALLAPUZHA VILLAGE,
         PATTAMBI TALUK, PALAKKAD DISTRICT
         (OWNER OF LORRY BEARING REGISTRATION NO: KL 52
         M 9032)

         BY ADV P.M.ZIRAJ


RESPONDENT/S:
         1.   THE DEPUTY TAHSILDAR, MANNARKAD TALUK,
         MANNARKAD P.O. PALAKKAD DISTRICT PIN 678582

         2.   THE SUB INSPECTOR OF POLICE, PATTAMBI
         POLICE STATION, PATTAMBI P.O., PALAKKAD
         DISTRICT PIN 679 303

         3.   THE SUB INSPECTOR OF POLICE, OTTAPALAM
         POLICE STATION, OTTAPALAM, PALAKKAD DISTRICT
         PIN 679101

         4     THE DISTRICT GEOLOGIST, CIVIL STATION
         PALAKKAD PIN 678 001


OTHER PRESENT:

         SR.PP. C.K.SURESH



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl.M.C.No.2741/2021

                                ..2..




                              ORDER

The petitioner is the owner of a lorry bearing KL-

52/M-9032, which has been seized by the first respondent

for an allegation of the violation of rules under the Kerala

Minor Mineral (Development and Regulation) Act, 1957

on 19.02.2021. Subsequent to the seizure, the petitioner

approached this Court for the release of the vehicle by

filing W.P.(C) No.5428/2021. By judgment dated

02.03.2021, this Court directed the 4th respondent to

initiate proceedings against the petitioner and it was

further directed that the the petitioner would be free to

move before the criminal court for the release of the lorry

in accordance with the scheme of the Code of Criminal

Procedure.

2. Soon thereafter, the petitioner approached the

Judicial First Class Magistrate Court, Pattambi seeking to

release the vehicle on interim custody. The learned Crl.M.C.No.2741/2021

..3..

Magistrate passed an order directing to release the

vehicle on interim custody by virtue of Annexure -III

order. Condition No.8 in the said order is that the

petitioner shall deposit a sum of Rs.1,00,000/- as security

for the fulfillment of condition numbers 1 to 7.

3. Heard the learned counsel for the petitioner

and the learned Public Prosecutor for the State.

4. A lorry owned and possessed by the petitioner

herein bearing Regn No.KL-52/M-9032 has been seized

by the 1st respondent alleging commission of an offence

punishable under the Mines and Minerals (Development

and Regulation) Act, 1957. According to the petitioner,

the seizure is illegal. Pursuant to the Annexure A-2 order,

the learned Magistrate was pleased to allow the

application on terms.

5. The learned Public Prosecutor, on instructions,

submits that the vehicle has been involved in several

other cases of the same nature which prompted the Crl.M.C.No.2741/2021

..4..

learned Magistrate to pass such an order.

6. Going by the impugned order, there is nothing

on record to indicate that the vehicle which sought to be

released has been involved in several other cases relating

to the very same offence. Going by the terms of the

order, it is clear that the petitioner is entitled to release

the vehicle on interim custody in accordance with Section

451 of the Cr.P.C. However, condition No.8 is included

directing the petitioner to deposit Rs.1,00,000/- as

security for the fulfillment of the aforesaid conditions.

Certainly, the condition itself is onerous in nature,

particularly during this pandemic period. Hence,

condition No.8 is substituted as follows:-

"The vehicle is released to the petitioner on him

executing a bond for Rs.1,00,000/- (Rupees one

lakh only) with two solvent sureties for the like

sum each to the satisfaction of the jurisdictional

Magistrate concerned ."

Crl.M.C.No.2741/2021

..5..

Consequently, Condition No.2 is deleted. No other

interference is required.

In the result, the Crl.M.C. is disposed as herein

above.

Sd/-

N.ANIL KUMAR, JUDGE

kkj Crl.M.C.No.2741/2021

..6..

PETITIONER'S EXHIBITS

ANNEXURE 1: TRUE COPY OF THE MAHASAR DATED 19.02.2021 PREPARED BY THE FIRST RESPONDENT