Muhammed Asharaf vs State Of Kerala Represented By ...
2022 Latest Caselaw 4959 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
 WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
                      CRL.MC NO. 2678 OF 2022
PETITIONER:

               MUHAMMED ASHARAF
               AGED 42 YEARS
               SON OF ALAVI, MULAKKAL HOUSE, VARODE P.O.,
               OTTAPALAM, PALAKKAD DISTRICT (OWNER OF TIPPER
               LORRY BEARING REGISTRATION NO.KL-51-H-5385), PIN
               - 679102
               BY ADVS.
               P.M.ZIRAJ
               IRFAN ZIRAJ


RESPONDENTS:

    1          STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
               HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
    2          SUB INSPECTOR OF POLICE
               OTTAPALAM POLICE STATION, PALAKKAD DISTRICT, PIN
               - 679101
               BY ADV.MAYA.M.N.,PUBLIC PROSECUTOR

        THIS     CRIMINAL    MISC.   CASE   HAVING   COME   UP   FOR
ADMISSION ON 04.05.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.M.C.No.2678 of 2022                2




                      Crl.M.C.No.2678 of 2022
               -----------------------------------------------
                                ORDER

The petitioner herein is the RC owner of KL-51-H-

5385 tipper lorry which was seized by the second respondent

for alleged violation of the provisions of Kerala Minor Mineral

Concession Rules 2015 and Minor Minerals (Development and

Regulation) Act, under Section 102 of the Code of Criminal

Procedure. The grievance of the petitioner is that the seizure of

the vehicle is not reported to the Jurisdictional Magistrate so as

to apply for getting the vehicle released to his interim custody.

2. Heard the learned Public Prosecutor and

learned counsel for the petitioner.

3. Since the matter of seizure is not reported to

the Jurisdictional Magistrate, I am inclined to allow this Crl.M.C.

as follows:

1. The second respondent shall report seizure of KL-51-H-

5385 tipper lorry to the Jurisdictional Magistrate within one

week of receipt of a copy of this judgment.

2. On such report being submitted, the petitioner shall be

at liberty to approach the Jurisdictional Magistrate seeking

interim custody of the vehicle as per Section 451 of the Code of

Criminal Procedure.

3. The application for custody if any, filed by the

petitioner shall be considered by the Jurisdictional Magistrate

and appropriate orders shall be passed without any delay.

Sd/-

SOPHY THOMAS, JUDGE.

Mn

APPENDIX OF CRL.MC 2678/2022

PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE SEIZURE MAHASAR DATED 17.4.2022 PREPARED BY THE SECOND RESPONDENT ANNEXURE A2 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 11.1.2019 IN CRL.M.C.NO.262/2019 ANNEXURE A3 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 03.12.2020 IN CRL.M.C.NO.5464/2020 ANNEXURE A4 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 27.03.2019 IN CRL.M.C.NO.2367/2019 ANNEXURE A5 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 2.7.2021 IN CRL.M.C.NO.2845 OF 2021