High CourtsSingle Bench

Priyan C.A. vs State Of Kerala And Ors

High Court Of Kerala · Decided on 27 November 2020 · Citation: (2020) 11 KL CK 0178

HON’BLE JUDGES
V.G. Arun, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 102(3)
RESULT
Disposed Of
CASE NUMBER
Criminal Misc. Case No. 5381 Of 2020 (C)
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Judgment

9 paragraphs · 174 words

Petitioner claims to be the owner of a JCB Lorry bearing registration No.KL-63-F-6095, which was seized by the second respondent on 01.11.2020

alleging commission of offences punishable under the Kerala Conservation of Paddy Land and Wet Land Act, 2008. It is submitted that after seizure

of the vehicle, the 2nd 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 petitioner is prevented from approaching the Magistrate concerned with an application seeking interim release of the

vehicle.

The Crl.M.C is hence disposed of, directing the second respondent to report seizure of the vehicle bearing registration No. KL-63-F-6095 to the

jurisdictional Magistrate Court, within seven days from the date of receipt of a copy of this order. On such report being submitted, the petitioner will be

at liberty to approach the jurisdictional Magistrate Court with an appropriate application seeking interim custody of the vehicle. The Magistrate

concerned shall thereupon consider the application and pass appropriate orders thereon expeditiously.