Kerala High Court
Jafar K.C vs The Station House Officer on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 693 OF 2023
PETITIONER
JAFAR K.C.
AGED 51 YEARS
S/O.MUHAMMED,
VATTAPARAMBIL HOUSE, PULIYAMPARAMBA,
KARIPOOR P.O., MALAPPURAM DISTRICT
PIN - 673638
BY ADV BABU S. NAIR
RESPONDENT/S:
THE STATION HOUSE OFFICER
KONDOTTY POLICE STATION,
MALAPPURAM DISTRICT
PIN - 673638
BY SMT VIDYA KURIAKOSE GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.693 of 2023
2
JUDGMENT
Dated this the 17th day of January, 2023
The petitioner states that the petitioner's vehicle was
seized by the respondent on 02.01.2023 on the allegation that
the respondent got information that earth is being removed
unauthorizedly from a place called 'Vennamthodi' and on
reaching the place, the respondent had found that the vehicle
of the petitioner was seen parked for the purpose of loading
earth. Admittedly, the vehicle was not loaded with anything.
However, the same was seized and Ext.P1 Seizure Mahazar
was prepared by the respondent.
2. The petitioner states that seizure of the vehicle owned
by the petitioner is absolutely illegal. It is also submitted that
admittedly, the vehicle was caught empty and was not loaded
with any material. Under Section 4(1) of the MMDR Act, only if
a vehicle is seen transporting a mineral alone it is liable to be
seized. The present seizure is only on an anticipated cause of
action, which is totally unsustainable, contended the
petitioner.
WP(C) No.693 of 2023
3. It is also submitted that despite the fact that the
petitioner had approached the respondent for the release of
the vehicle, the same has not been released to the petitioner.
4. I have heard the learned counsel for the petitioner
and the learned Government Pleader representing the
respondent.
5. This Court considered a similar issue in W.P(C)
No.40240 of 2022 with regard to seizure of empty vehicles
from the quarrying site and this Court held as follows:
"6. Ext.P4 is the Seizure Mahazar. Ext.P4 would
show that on 01.12.2022, on receipt of information
about illegal quarrying and transportation of laterite from
the quarry of one Muhammedai, the respondent visited
the site and found that four lorries were involved in
quarrying and unauthorised transportation of laterite.
The lorries were not supported by Mineral Transit
Passes issued by the competent authorities.
7. But, the Mahazar would show that the lorries
of the petitioners bearing registration Nos.KL-55B-7779
and KL-54C-3153 were found empty. The Mahazar
does not indicate that those lorries were loaded or
being loaded with laterite stone for illegal
transportation. Mere presence of vehicles in a quarry
by itself cannot constitute an offence. Only if a vehicle
or a receptacle is found carrying minerals without
Mineral Transit Passes, that an offence can be made
out. In the circumstances of the case, the seizure of the
vehicles of the petitioners which were not found
carrying or transporting illicit minerals is illegal.
WP(C) No.693 of 2023
The writ petition is therefore allowed. The
respondent is directed to release the vehicles bearing
registration Nos.KL-55B-7779 and KL-54C-3153 to
the petitioners 1 and 2 respectively forthwith."
6. In view of the stand taken by this Court in Ext.P2, the
petitioner's vehicle is also liable to be released.
The writ petition is therefore allowed. The respondent is
directed to release the mini lorry bearing registration No.
KL-10AJ-3813 to the petitioner forthwith.
Sd/-
N. NAGARESH, JUDGE
smm
WP(C) No.693 of 2023
APPENDIX OF WP(C) 693/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SEIZURE MAHAZAR
PREPARED BY THE RESPONDENT DATED, 2-1-
Exhibit P2 A TRUE COPY OF THE JUDGMENT IN W.P.
(C)NO.40240/2022 DATED, 26-12-2022 OF
THIS HON'BLE COURT
