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Judgment
A lorry bearing registration No.KL-38/G-5756 owned by the 1st petitioner and two HITACHI Excavators owned by the 2nd and 3rd petitioners were seized by the 2nd respondent on 06.05.2019. Immediately after seizure, the vehicles have been handed over to the 4th respondent. The grievance of the petitioners is that no crime has been registered and the seizure has not been reported to the learned Magistrate. The vehicles were seized allegedly for violating the provisions of the Kerala Minor Mineral Concession Rules, 2015, Kerala Minerals (Prevention of illegal mining, storage and transportation) Rules, 2015 and Kerala Land Conservancy Act.
The limited prayer in this petition is to issue necessary direction to the learned Magistrate to consider the application of the petitioners for interim custody and pass appropriate orders.
Having considered the submissions advanced, I direct the petitioners herein to approach the learned Magistrate and file an application under Section 457 of the Cr.P.C. If such an application is filed, the learned Magistrate shall consider the same and pass appropriate orders, expeditiously, and on its merits. Before passing orders, the learned Magistrate shall obtain a report from the concerned Geologist.
This petition is disposed of.
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE MAHASSAR DATED 06.5.2019
PREPARED BY THE THIRD RESPONDENT
ANNEXURE 2 TRUE COPY OF THE ORDER DATED 27.3.2019 IN
CRL.M.C.NO.2367/2019
RESPONDENTS' EXHIBITS: