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Judgment
T.R. Ramachandran Nair, J.—This writ petition is filed by the petitioner seeking for a direction to the respondents to report about the seizure of the vehicle before the concerned jurisdictional Magistrate. The lorry was seized on 15.05.2012. It is stated that the petitioner is the registered owner of the said lorry having registration No. KL-03-A-5081. The issue is covered by the decision of a Division Bench of this Court in Sujith Vs. State of Kerala, wherein in paragraph 13, the following directions have been issued:
It is hereby ordered that the revenue and police authorities, while effecting seizure, shall ensure that any revenue official effecting the seizure, notifies such seizure, also to a police official, over and above the requirement in S. 22 of the Act and the Rules. That police official may effect seizure of those goods and report such seizure to the jurisdictional Magistrate in accordance with law and any police officer effecting seizure shall, apart from reporting any such seizure to the jurisdictional Magistrate, also place a report of such seizure before the concerned revenue authority so that action can follow through the criminal court and through the revenue authority in terms of the laws. Following the aforesaid, it is further ordered that in all pending cases, the competent police officer shall effect seizure and report the same to the jurisdictional magistrate, if not already done and the competent revenue authority shall make appropriate complaint to the jurisdictional Magistrate at the earliest. This would also enable the owners of the goods or vehicles to apply for interim custody in terms of S. 451 or 457 Cr. P.C., as the case may be. In ordering release, the Judicial Magistrate shall be guided by the terms laid down by the Full Bench of this Court in Shan Vs. State of Kerala, . The appropriate authorities shall also file complaints for initiating prosecution in all cases, where offences under the Act are disclosed. These directions shall apply in dealing with sand and vehicles, seized by the police or revenue authority under the provisions of the Act or the Code of Criminal Procedure, over and above the directions in Moosakoya ( 2008 (1) KLT 538) and Thonikkadavath Shoukathali Vs. The Tahsildar and State of Kerala, , until appropriate legislative provisions are brought in.
Since the petitioner seeks to move the concerned Criminal Court for getting interim custody of the vehicle, there will be a direction to the 4th respondent to file a report before the Judicial First Class Magistrate Court, Chengannur within a period of seven days from the date of receipt of a certified copy of this judgment for enabling the petitioner to move the Criminal Court.
This writ petition is disposed of as above.