High CourtsSingle Bench(2022) 03 KL CK 0194

Kunnath Abdul Salam, S/O Rayinkutty Haji vs State Of Kerala

High Court Of Kerala · Decided on 23 March 2022

HON’BLE JUDGES
K.Haripal, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 1980 Of 2022

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Judgment

5 paragraphs · 193 words

K.Haripal, J

1.

Petitioner is the registered owner of tipper lorry bearing registration No.KL.65/K-7197. The grievance of the petitioner is that the vehicle was seized on 27.02.2022 alleging that he had violated the provisions of the Kerala Mineral Concession Rules 2015 and Mines and Minerals (Development & Regulation) Act and transported red earth. But according to the petitioner, even though the vehicle was seized as early on 27.02.2022, neither the vehicle is returned nor the matter is reported to the jurisdictional court as provided under Section 102(3) of the Cr.P.C.

2.

I heard the learned counsel for the petitioner and also the learned Senior Public Prosecutor representing the respondents.

3.

It is peremptory that when a vehicle is seized by the police, the matter is reported to the jurisdictional court without undue delay. Here that has not been done. Therefore, there shall be a direction to the 2nd respondent to report the matter to the jurisdictional court forthwith. Thereafter, it goes without saying that, if the petitioner moves an application for interim custody of the vehicle, the jurisdictional court shall consider the application without undue delay.

The Crl.M.C is disposed of as above.