Hydr Ali vs The Sub Inspector Of Police
2023 Latest Caselaw 949 Ker

                 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. 1459 OF 2023
PETITIONER

             HYDR ALI
             AGED 27 YEARS
             SON OF MAMMAD, MURINGATHODAN, KAREKKAD P.O.,
             EDAYUR, MALAPPURAM DISTRICT (OWNER OF EXCAVATOR JCB
             BEARING REGISTRATION NO.KL-55-T-0677), PIN - 676552
             BY ADVS.
             P.M.ZIRAJ
             IRFAN ZIRAJ


RESPONDENTS:

     1       THE SUB INSPECTOR OF POLICE,
             VALANCHERY POLICE STATION, MALAPPURAM DISTRICT,,
             PIN - 676552
     2       THE DISTRICT GEOLOGIST,
             DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, MINI
             CIVIL STATION, MALAPPURAM, , PIN - 676121

             SMT.VIDYA KURIAKOSE-GP
     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.1459 OF 2023
                                 2


                          JUDGMENT

Dated this the 17th day of January, 2023

The petitioner, who is owner of Excavator JCB bearing

registration No.KL-55T-0677, is before this Court seeking to

direct the respondents to report the seizure of the Excavator

JCB to the Magistrate having jurisdiction, forthwith.

2. The petitioner states that his Excavator JCB was

seized by the 1st respondent-Sub Inspector of Police on

08.01.2023. 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

the petitioner.

WP(C) NO.1459 OF 2023

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 1 st

respondent on 08.01.2023 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.1459 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.1459 OF 2023

APPENDIX OF WP(C) 1459/2023

PETITIONER EXHIBITS

Exhibit- P1 TRUE COPY OF THE SEIZURE MAHASSAR DATED 8.1.2023 PREPARED BY THE FIRST RESPONDENT RESPONDENT'S EXHIBITS : NIL