Aslam P.A vs State Of Kerala And Ors

The petitioner claims to be the owner of a Tipper Lorry bearing registration No.KL-50-C-9228. The said vehicle was seized by the 2nd respondent

on 02.01.2021 for alleged violation of the provisions of the Kerala Minor Mineral Concession Rules, 2015 and the Mines and Minerals (Development

and Regulation), Act, 1957. The grievance of the petitioner is that the 2nd respondent failed to report the seizure of the vehicle to the jurisdictional

Magistrate Court. The petitioner rely on Section 102(3) of the Code of Criminal Procedure to contend that the 2nd respondent is duty bound to report

the seizure to the jurisdictional Magistrate Court, failing which the petitioner will be denied an opportunity to move for interim custody under Section

451 Cr.P.C.

I heard the learned Public Prosecutor also.

I find merit in the contention that, having seized the vehicle, the 2nd respondent is bound to report the seizure to the jurisdictional Magistrate Court.

Accordingly, the Crl.M.C is disposed of with the following directions;

(i) The 2nd respondent shall report seizure of the vehicle bearing registration No.KL-50-C-9228 covered by Annexure-1 to the jurisdictional

Magistrate Court within one week of receipt of a copy of this judgment.

(ii) On such report being submitted, the petitioner shall be at liberty to submit applications under Section 451 Cr.P.C seeking interim custody of the

vehicle.

(iii) The application for interim custody, if any filed, shall be considered by the jurisdictional Magistrate and appropriate orders passed without delay.