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High CourtsSingle Bench(2023) 01 KL CK 0158

Hydr Ali vs Sub Inspector Of Police, Valanchery Police Station, Malappuram District,, Pin 676552

High Court Of Kerala · Decided on 17 January 2023

HON’BLE JUDGES
N. Nagaresh, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 1459 Of 2023
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Judgment

8 paragraphs · 319 words

N.Nagaresh, J

1.

The petitioner, who is owner of Excavator JCB bearing registration No.KL-55T-0677, is before this Court seeking to direct the respondents to report the seizure of the Excavator JCB to the Magistrate having jurisdiction, forthwith.

2.

The petitioner states that his Excavator JCB was seized by the 1st respondent-Sub Inspector of Police on 08.01.2023. Ext.P1 Mahazar has been prepared.

3.

The respondents have a legal obligation to report the matter to the Jurisdictional Magistrate, contends the petitioner. If the respondents report the matter to the Jurisdictional Magistrate, the petitioner can approach the Court for the custody of the vehicle invoking Section 451/457 of the Code of Criminal Procedure. The delay on the part of the respondents in reporting the matter would adversely affect the petitioner.

4.

Government Pleader entered appearance on behalf of the respondents and resisted the writ petition. The Government Pleader submitted that as the vehicle of the petitioner has been seized as per Ext.P1, the matter will be reported to the Jurisdictional Magistrate in accordance with law expeditiously.

5.

I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

6.

The petitioner’s vehicle has been seized by the 1st respondent on 08.01.2023 alleging violation of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957. As delay on the part of the respondents in reporting the matter to the Jurisdictional Magistrate would cause undue hardship to the petitioner in the matter of obtaining custody of the vehicle, the respondents are bound to report the matter expeditiously.

The writ petition is therefore disposed of directing the respondents to report the seizure of the petitioner’s vehicle to the Jurisdictional Magistrate within a period of one week. Needless to say, if the petitioner submits an application before the Jurisdictional Magistrate for interim custody, the Magistrate concerned would pass appropriate orders on the application in accordance with law expeditiously.