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Judgment
7 paragraphs · 361 wordsC.S Dias, J
The petition is filed under Section 482 of the Code of Criminal Procedure, to direct the third respondent to report the seizure of the vehicles belonging to the petitioners.
The petitioners' case is that, they are the registered owners of the vehicles bearing Reg. No.KL-28A-1202, KL-27-B 7912 and KL-25D-2829 respectively, which were seized by the third respondent – the Sub Inspector of Police, Thiruvalla Police Station – alleging that the vehicles were used for illegally transporting red-earth and thereby committing offences under the Kerala Minor Mineral (Regulation of Decelopment) Act, 1957 ( in short ' Act'). Although the third respondent seized the vehicles on 7.5.2023, he has refused to release the vehicles or report the matter to the jurisdictional Magistrate as contemplated under the Act. Section 102 of the Code of Criminal Procedure, specifically obliges the Investigating Officer to report seizure to the jurisdictional Magistrate. This Court, in a case of identical circumstances, by Annexure-A2 order, has directed the Police to report the matter to the jurisdictional Magistrate. The petitioners are entitled for similar a benefit. Hence, the Crl.M.C.
Heard; Sri.Ajith Murali, the learned counsel appearing for the petitioners and the learned Public Prosecutor appearing for the respondents. Perused the materials on record.
On a consideration of the facts and circumstances of the case and the materials on record, especially the fact that the third respondent has seized the vehicles on 7.5.2023 and has till date not reported the matter to the jurisdictional Magistrate, I am of the definite view that the third respondent is to be directed to forthwith report the seizure of the vehicles bearing Reg.Nos.KL-28A-1202 , KL-27-B 7912 and KL-25D-2829 before the jurisdictional Magistrate.
Resultantly, I direct the third respondent to report the seizure of vehicles bearing Reg.Nos. Reg. No.KL-28A-1202 , KL-27-B 7912 and KL-25D-2829 to the Judicial First Class Magistrate Court, Thiruvalla, as expeditiously as possible and in accordance with law, at any rate, within three days from the date of receipt of a certified copy of the order. The petitioner would be at liberty to produce this order before the learned Magistrate, to ensure compliance.
Crl.M.C is ordered accordingly.