Bijumon Thomas vs The Station House Officer
2023 Latest Caselaw 456 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
     WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                         WP(C) NO. 805 OF 2023
PETITIONER

             BIJUMON THOMAS
             AGED 39 YEARS
             S/O.CHACKO THOMAS, CHARALEL,
             MANTHIPPARA, ANAKKARA P.O.,
             KOCHARA, IDUKKI DISTRICT
             PIN - 685551
             BY ADV BABU S. NAIR


RESPONDENTS:

     1       THE STATION HOUSE OFFICER
             VANDANMEDU POLICE STATION,
             IDUKKI DISTRICT
             PIN - 685551
     2       THE SUB INSPECTOR OF POLICE
             VANDANMEDU POLICE STATION,
             IDUKKI DISTRICT
             PIN - 685551
             SMT.VIDYA KURIAKOSE GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.805 OF 2023
                                  2


                            JUDGMENT

Dated this the 11th day of January, 2023

The petitioner, who is owner of a Goods Carriage/Mini

Lorry bearing registration No.KL-06D-1498, is before this

Court seeking to direct the respondents to report the seizure of

the Goods Carriage/Mini Lorry to the Magistrate having

jurisdiction, forthwith.

2. The petitioner states that his Goods Carriage/Mini

Lorry was seized by the 2nd respondent-Sub Inspector of

Police on 07.01.2023. Ext.P1 Mahazar has been prepared.

3. The respondents have a legal obligation to report

the matter to the Jurisdictional Magistrate, contends the

petitioner. If the respondents report the matter to the

Jurisdictional Magistrate, the petitioner can approach the

Court for the custody of the vehicle invoking Section 451/457

of the Code of Criminal Procedure. The delay on the part of

the respondents in reporting the matter would adversely affect WP(C) NO.805 OF 2023

the petitioner.

4. Government Pleader entered appearance on behalf

of the respondents and resisted the writ petition. The

Government Pleader submitted that as the vehicle of the

petitioner has been seized as per Ext.P1, the matter will be

reported to the Jurisdictional Magistrate in accordance with

law expeditiously.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

6. The petitioner's vehicle has been seized by the 2nd

respondent on 07.01.2023 alleging violation of the provisions

of the Mines and Minerals (Development and Regulation) Act,

1957. As delay on the part of the respondents in reporting the

matter to the Jurisdictional Magistrate would cause undue

hardship to the petitioner in the matter of obtaining custody of

the vehicle, the respondents are bound to report the matter

expeditiously.

WP(C) NO.805 OF 2023

The writ petition is therefore disposed of directing the

respondents to report the seizure of the petitioner's vehicle to

the Jurisdictional Magistrate within a period of one week.

Needless to say, if the petitioner submits an application before

the Jurisdictional Magistrate for interim custody, the Magistrate

concerned would pass appropriate orders on the application in

accordance with law expeditiously.

Sd/-

N.NAGARESH JUDGE hmh WP(C) NO.805 OF 2023

APPENDIX OF WP(C) 805/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 2ND RESPONDENT DATED, 7-1-2023 Exhibit P2 A TRUE COPY OF THE JUDGMENT IN W.P.

(C)NO.40205/2022 DATED, 5-1-2023 OF THIS HON'BLE COURT