Ibrahim vs Sub Inspector Of Police
2024 Latest Caselaw 29616 Ker

Kerala High Court

Ibrahim vs Sub Inspector Of Police on 17 October, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

WP(C) NO. 33610 OF 2024


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          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                  WP(C) NO. 33610 OF 2024

PETITIONER:

         IBRAHIM,
         AGED 23 YEARS
         SON OF ALAVI, POTTACHOLA, PATTARNADAKKAVU,
         ANANTHAVUR, MALAPPURAM, PIN - 676301


         BY ADVS.
         P.M.ZIRAJ
         IRFAN ZIRAJ




RESPONDENTS:

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

    2    THE DEPUTY SUPERINTENDENT OF POLICE,
         TIRUR, MALAPPURAM DISTRICT.,
         PIN - 676101

    3    THE REVENUE DIVISIONAL OFFICER,
         TIRUR, MALAPPURAM DISTRICT,
         PIN - 676101
 WP(C) NO. 33610 OF 2024


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OTHER PRESENT:

            RAJEEV JYOTHISH GEORGE, GP


     THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 17.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(C) NO. 33610 OF 2024


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                         JUDGMENT

The vehicle belonging to the petitioner was seized under the

provisions of the Kerala Protection of River Banks and Removal

of Sand Act, (for short 'the Sand Act') on the allegation that the

petitioner illegally transported the river sand. Ext.P1 FIR has also

been instituted. The petitioner has approached this Court

seeking the release of the vehicle.

2. I have heard the learned counsel for the petitioner

Sri. P.M.Ziraj as well as the learned Government Pleader,

Sri.Rajeev Jyothish George.

3. The vehicle was seized under the Sand Act and was

ordered to be produced before the Judicial First Class Magistrate

Court-I, Tirur. The remedy open to the petitioner is to file an

application under Section 497 of the Bharatiya Nagarik Suraksha

Sanhita. If the petitioner files such an application, the Judicial

First Class Magistrate Court-I, Tirur, is directed to dispose of the

same, after hearing the petitioner, in accordance with law, within WP(C) NO. 33610 OF 2024

2024:KER:77087

two weeks. All the contentions raised in the writ petition are left

open.

The writ petition is disposed of accordingly.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS WP(C) NO. 33610 OF 2024

2024:KER:77087

APPENDIX OF WP(C) 33610/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.945/2024 OF KALPAKANCHERRY POLICE STATION

EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DATED 30.1.2024 IN WPC NO.3701/2024

EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED