Byju Varghese And Ors vs State Of Kerala And Ors

Petitioners claim to be the owners of the vehicles bearing registration Nos.KL-24-C-2318, KL-25-D-9228, KL-35-A-5355 and KL-46A-5201, KL-52-

B-3020 and KL-27-A-9724 respectively, which were seized by the third respondent on 20.11.2020 alleging commission of offences punishable under

Section 4(I) and 21 of the Mines and Minerals (Development and Regulation) Act, 1957. It is submitted that after seizure of the vehicle, the third

respondent was bound to report the seizure to the jurisdictional Magistrate, as mandated under Section 102(3) Cr.P.C, but has failed to do so. As a

result, the petitioners are prevented from approaching the Magistrate concerned with an application seeking interim release of the vehicles.

 The Crl.M.C is hence disposed of, directing the third respondent to report seizure of the vehicles bearing registration Nos.KL-24-C-2318, KL-25-D-

9228, KL-35-A-5355, KL-46A-5201, KL-52-B-3020 and KL-27-A-9724 to the jurisdictional Magistrate Court, within seven days from the date of

receipt of a copy of this order. On such report being submitted, petitioners will be at liberty to approach the jurisdictional Magistrate Court with an

appropriate application seeking interim custody of the vehicles. The Magistrate concerned shall thereupon consider the application and pass

appropriate orders thereon expeditiously.