Abdul Samad vs Deputy Thahasildar
2021 Latest Caselaw 7262 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       WP(C).No.5428 OF 2021(C)


PETITIONER:

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

               BY ADV. SRI.P.M.ZIRAJ

RESPONDENTS:

      1        DEPUTY THAHASILDAR,
               MANNARKKAD TALUK, PALAKKAD DISTRICT,
               PIN-678582.

      2        THE SUB INSPECTOR OF POLICE,
               PATTAMBI POLICE STATION, PALAKKAD DISTRICT,
               PIN-679303.

      3        THE SUB COLLECTOR,
               OTTAPPALAM, PALAKKAD DISTRICT -679101.

      4        THE DISTRICT GEOLOGIST,
               PALAKKAD, CIVIL STATION, PALAKKAD,
               PIN-679101.

               SRI.RAVIKRISHNAN - GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5428 OF 2021(C)

                                      2


                       W.P.(C) No.5428 of 2021
                -----------------------------------------------


                             JUDGMENT

A lorry owned by the petitioner bearing registration

No.KL-52-M/9032 has been seized by the first respondent

alleging commission of an offence punishable under the Mines

and Minerals (Development and Regulation) Act, 1957 (the

Act). The case of the petitioner is that the seizure is illegal.

The petitioner, therefore, seeks appropriate orders for release

of the lorry.

2. Heard the learned counsel for the petitioner

as also the learned Government Pleader.

3. The issue whether the allegation, on the basis

of which the lorry owned by the petitioner has been seized, is

correct is an issue to be adjudicated by the criminal court in

the proposed prosecution against the petitioner. There is no

provision in the Act for release of the lorry seized alleging

commission of the offence punishable under the Act.

In the circumstances, the writ petition is disposed WP(C).No.5428 OF 2021(C)

of directing the first respondent to forward the files relating to

the seizure of the lorry of the petitioner to the fourth

respondent forthwith, if not already forwarded, and directing

the fourth respondent to initiate appropriate criminal

proceedings against the petitioner. This shall be done within a

week. Needless to say that if criminal proceedings are

initiated against the petitioner as directed, the petitioner

would be free to move the criminal court for release of the

lorry in terms of the provisions of the Code of Criminal

Procedure.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV WP(C).No.5428 OF 2021(C)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MAHASSAR DATED 19.2.2021 PREPARED BY THE FIRST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 8.1.2021 IN CRL.M.C.NO.5820/2020.