Shahinsha vs The Sub Inspector Of Police
2023 Latest Caselaw 4627 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                        WP(C) NO. 12199 OF 2023
PETITIONER:

          SHAHINSHA
          AGED 25 YEARS
          SON OF MUHAMMED, THAZHATHETHIL HOUSE, PILATHARA,
          KADAMPUZHA, MALAPPURAM DISTRICT, PIN - 676553

          BY ADVS.
          P.M.ZIRAJ
          IRFAN ZIRAJ



RESPONDENTS:

    1     THE SUB INSPECTOR OF POLICE
          KALPAKANCHERY POLICE STATION, MALAPPURAM DISTRICT, PIN
          - 676551

    2     THE DISTRICT GEOLOGIST
          DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, MINI
          CIVIL STATION, MANJERI PO, MALAPPURAM, PIN - 676121


OTHER PRESENT:

          SRI.APPU.P.S-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.12199 OF 2023

                                           2


                ANU SIVARAMAN, J.
           =========================
              W.P.(C) No.12199 of 2023
           =========================
                 Dated this the 12th day of April, 2023

                               JUDGMENT

This writ petition is filed seeking the following reliefs:

1. Issue a writ of mandamus or other appropriate writ, order or direction to the first respondent to release the vehicle of petitioner bearing registration No.KL-56A-1739 forthwith without imposing any condition since the seizure of the same by the first respondent is illegal, arbitrary and beyond his jurisdiction.

2. Issue a writ of certiorari or other appropriate writ, direction or order by call for the records leading to the issuance of Ext.P1 seizure mahasar and set aside the same illegal.

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioner that the petitioner is the owner of a tipper lorry

bearing registration No.KL-56-A-1739. It is submitted that WP(C) NO.12199 OF 2023

the above vehicle was seized on 01.04.2023 by the 1 st

respondent, while parked on the road without carrying any

load. Ext.P1 is the seizure mahasar. It is stated that since

the tipper lorry was empty at the relevant time as is evident

from the seizure mahasar, there is no justification in the

seizure of the vehicle. The learned counsel places reliance on

the decision of this Court in Unais vs. District Collector

[2023 (1) KLT 651] and submits that Ext.P3 judgment has

been rendered in the writ appeal filed against the said

judgment as well. The Division Bench has held that the

penalty provisions have to be strictly construed and where

the law is silent as to the procedure to be followed for

penalty in respect of vehicles which were intended to be

used for illegal activity, the court cannot read such

provisions to justify the action, which is not authorized by

law.

4. The learned Government Pleader submits that the

seizure of the vehicle was at 1.10 am on 01.04.2023 and

that a JCB which was engaged in illegal quarrying of sand WP(C) NO.12199 OF 2023

had been seized along with the petitioner's tipper lorry. It is,

therefore, contended it is obvious that the intention was to

use the vehicle for the illegal works.

Having considered the contentions advanced and in

view of the specific provisions of the Act as well as the Rules

and the judgments which are relied on by the learned

counsel for the petitioner, I am of the opinion that the mere

apprehension that the vehicle was intended to be used for

illegal purpose will not serve the purpose as the vehicle was

admittedly empty at the time of seizure and the petitioner is

entitled to the benefit of Ext.P3 judgment of the Division

Bench also.

In the above view of the matter this writ petition is

allowed. There will be a direction to the respondents to

release the tipper lorry belonging to the petitioner bearing

registration No.KL-56-A-1739 forthwith.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/12/04 WP(C) NO.12199 OF 2023

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SEIZURE MAHASAR DATED 01.04.2023 PREPARED BY THE FIRST RESPONDENT

Exhibit P2 TRUE COPY OF THE JUDGMENT REPORTED IN UNAIS VS DISTRICT COLLECTOR 2023 (1) KLT

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 29.03.2023 IN W.A. NO.609 OF 2023