Santosh P vs State Of Kerala And Ors

Petitioner claims to be the owner of Eicher MGV Tipper bearing registration No.KL-02-AQ-3643. The vehicle was seized by the third respondent

alleging violation of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957. After seizure, the petitioner's vehicle was

produced before the Judicial First Class Magistrate Court, South Paravur. On the basis of an application submitted by the petitioner under Section 457

of the Code of Criminal Procedure, the learned Magistrate issued Annexure AI order directing release of the vehicle, subject to conditions. The

petitioner complied with the conditions and the vehicle was released.

This Crl.M.C is filed aggrieved by condition No.4(G) in Annexure A1 order by which the original documents of the vehicle produced before the

court is retained in court custody and the petitioner issued with true copy of those documents. Annexure A2 is the similar order passed by this Court,

whereby conditions akin to condition Nos.4(G) in Annexure A1 were modified.3. On the facts of this case and in view of the earlier orders passed by

this Court under similar circumstances, I am inclined to grant the relief sought.In the result, condition Nos.4(G) in Annexure A1 is modified as

follows:-

“The petitioner shall submit an affidavit undertaking to produce the original documents of the vehicle bearing registration No.KL-02-AQ-3643 as

and when required by the court. On submission of such affidavit, the original documents of the vehicle kept in the safe custody of the court shall be

released to the petitioner, after substituting those documents with certified copies.â€​The Crl.M.C is allowed as above.