Raishad V vs The Sub Inspector Of Police
2021 Latest Caselaw 20708 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                        WP(C) NO. 20697 OF 2021
PETITIONERS:

    1     RAISHAD V
          AGED 31 YEARS
          S/O. SULAIMAN, VELUTHAPARAMBIL HOUSE,
          VAIDYARANGADI P.O., RAMANATTUARA, KOZHIKODE DISTRICT,
          KERALA-673 633.

    2     MUHAMMED RAHEESUDHEEN P.K.
          AGED 32 YEARS
          S/O. ASHRAF P.K., PULLUKANDY HOUSE, PERUMUKHAM P.O.,
          KOZHIKODE DISTRICT-673 631.

          BY ADV K.MOHAMMED RAFEEQ



RESPONDENTS:

    1     SUB INSPECTOR OF POLICE,
          MALAPPURAM POLICE STATION, MALAPPURAM DISTRICT-63638.

          ADDRESS OF R1 CORRECTED AS :
          SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION,
          MALAPPURAM DISTRICT - 673638
          ADDRESS OF R1 CORRECTED AS PER ORDER DATED 30.09.2021
          IN I.A.NO.1/21

    2     THE DISTRICT GEOLOGIST
          DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION,
          NEAR DISTRICT COURT, VELLARANGAL, MANJERI, MALAPPURAM
          DISTRICT-676 517.

    3     VINEESH
          AGED 35 YEARS
          PRABHAKARAN, KANDAYIL HOUSE, CHANDHAKUNNU, NILAMBUR,
          MALAPPURAM DISTRICT-679 329.

          BY SRI. APPU.P.S, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20697 OF 2021

                                 2


                             JUDGMENT

This writ petition is filed seeking directions to the first

respondent to submit the records related to the seizure of the

petitioners' vehicles bearing registration numbers KL-11-BQ-

2486 and KL-10-AC-2535 immediately before the jurisdictional

magistrate court and to the said Court to consider applications

for interim release of the vehicles.

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioners that the tipper lorries belonging to the petitioners

bearing registration Nos.KL-11-BQ-2486 & KL-1O-AC-2535 had

been seized by the 1st respondent and that the records regarding

the seizure of the vehicles had not been produced before the

Jurisdictional Magistrate for the petitioners to approach the

Magistrate for interim release of the vehicles.

4. The learned Government Pleader submits, on

instructions, that the seizure was on 22.09.2021 and the records

of the seizure had been forwarded to the Geologist, before whom

the petitioners can make applications for compounding the

offences under the Act and Rules. The learned counsel for the WP(C) NO. 20697 OF 2021

petitioners submits that they do not intend to compound the

offences and that the records of seizure are therefore to be

forwarded to the Jurisdictional Magistrate for appropriate further

action.

5. In the above view of the matter, there will be a

direction to the Geologist to forward the records of the seizure of

the vehicles of the petitioners to the Jurisdictional Magistrate,

who can be approached by the petitioners for interim release in

accordance with law. Appropriate action, for forwarding of the

records to the Magistrate by the 2 nd respondent shall be taken

within a period of one week from the date of receipt of a copy of

this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

DK WP(C) NO. 20697 OF 2021

APPENDIX OF WP(C) 20697/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE BEARING REGISTRATION NO.KL-11-BQ-2486.

Exhibit P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE BEARING REGISTRATION NO.KL-10-AC-2535.

Exhibit P3 TRUE COPY OF THE SALE LETTER DATED 12.7.2021 EXECUTED BETWEEN THE SECOND PETITIONER AND THE THIRD RERSPONDENT.

Exhibit P4 TRUE COPY OF THE SEIZURE MAHASSAR DATED 22.9.2021 PREPARED BY THE FIRST RESPONDENT.