Muhammed Anvar K vs State Of Kerala
2023 Latest Caselaw 10008 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                   CRL.MC NO. 7375 OF 2023
PETITIONER:


          MUHAMMED ANVAR K., AGED 33 YEARS, S/O.VEERAN K.,
          KANDENKAYIL HOUSE, ALIPARAMBA P.O., MALAPPURAM
          DISTRICT, PIN - 679357

          BY ADV BABU S. NAIR


RESPONDENTS/STATE AND COMPLAINANT:


    1     STATE OF KERALA, REPRESENTED BY PUBLIC
          PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI,
          PIN - 682031

    2     THE STATION HOUSE OFFICER, VADAKARA POLICE STATION,
          KOZHIKKODE DISTRICT, PIN - 673101

    3     THE MANIYOOR GRAMA PANCHAYATH, REPRESENTED BY ITS
          SECRETARY, MANIYOOR, KOZHIKKODE DISTRICT, PIN -
          673523

    4     THE REVENUE DIVISIONAL OFFICER/SUB DIVISIONAL
          MAGISTRATE, VADAKARA, KOZHIKKODE DISTRICT, PIN -
          673101

          ADV.SRI.C.S.HRITHWIK, PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC No.7375 of 2023

                               2

                  P.V.KUNHIKRISHNAN
             ---------------------
                 CRL.MC No.7375 of 2023
         ---------------------------
         Dated this the 18th day of September, 2023

                           ORDER

The petitioner is aggrieved by the seizure of his goods

carriage tanker lorry by the 2 nd respondent stating that it

carried waste water on 6-8-2023 and committed offences.

The petitioner is a registered owner of a tanker goods

carriage bearing registration No.KL-10-X-8718. The said

vehicle, while carrying waste water, was seized by the 2 nd

respondent, allegedly upon the instructions of the 3 rd

respondent. Annexure A is the registration certificate of the

vehicle owned by the petitioner. Annexure B is the permit

issued in respect of the vehicle to carry non-hazardous waste.

It is submitted that though the vehicle was seized by the 2 nd

respondent, no seizure mahazar was prepared nor the same

was given to the petitioner. The same was produced before

the 4th respondent. It is submitted that none of the provisions

under the Kerala Panchayath Raj Act or any other provisions,

authorizes the 4th respondent to adjudicate the CRL.MC No.7375 of 2023

matter. Therefore, the seizure of the vehicle itself is illegal.

Hence, the petitioner want the custody of the vehicle. Hence,

this Crl.MC.

2. Heard the learned counsel for the petitioner and

the learned Public Prosecutor.

3. The counsel for the petitioner submitted that, in

similar circumstances, this Court granted interim custody as

per judgment dated 16.08.2023 in W.P.(C) No.24276/2023.

The learned Public Prosecutor opposed the petition.

4. After hearing both sides, I think a similar directions

in W.P.(C) No.24276/2023 can be issued in this case also. This

Court disposed W.P.(C) No.24276/2023 with the following

directions:-

"6. It is true that the allegation against the petitioner is very serious. The counsel for the petitioner submitted that Section 340B proceedings are not maintainable before the Sub-divisional Magistrate. The petitioner is free to challenge the same in accordance to law. But, according to me, the vehicle can be released to the petitioner on executing a bond to the effect that the petitioner will produce the same as and when required before the additional 3rd respondent.

Therefore, this writ petition is disposed of with CRL.MC No.7375 of 2023

the following directions:

i. The 2nd and additional 3rd respondent will release the Tanker Lorry bearing registration No.KL33- D-2423 to the petitioner, on executing a bond for Rs.2,00,000/-, with two solvent sureties to the like sum before the additional 3rd respondent on condition that the petitioner will produce the same as and when required by the additional 3rd respondent.

ii. If the bond is executed as directed above, the vehicle will be released within three days from the date of production of the bond.

iii. The petitioner will not transfer the vehicle till the additional 3rd respondent conclude the proceedings and the petitioner shall not do any illegal activity by using the vehicle."

The same principle is applicable here also. Therefore,

this Criminal Miscellaneous case is disposed of with the

following directions:-

i. The 2nd and 4th respondents will release the tanker goods carriage bearing registration No.KL-10- X-8718 to the petitioner, on executing a bond for Rs.2,00,000/-, with two solvent sureties to the like sum before the 4 respondent on condition that the petitioner will produce the same as and when required by the 4th respondent.

ii. If the bond is executed as directed above, the vehicle will be released within three days from the CRL.MC No.7375 of 2023

date of production of the bond.

iii. The petitioner will not transfer the vehicle till the 4th respondent conclude the proceedings and the petitioner shall not do any illegal activity by using the vehicle.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng CRL.MC No.7375 of 2023

APPENDIX OF CRL.MC 7375/2023 PETITIONER ANNEXURES

Annexure A A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OWNED BY THE PETITIONER

Annexure B A TRUE COPY OF THE PERMIT ISSUED IN RESPECT OF THE VEHICLE TO CARRY NON- HAZARDOUS WASTE, ISSUED IN RESPECT OF THE VEHICLE DATED, 2-2-2023