Sathar vs State of Kerala

Thomas P. Joseph, J.—Petitioner is the registered owner of a vehicle bearing registration number KL05 J3794. According to the Petitioner, the Circle Inspector, Central Police Station directed Petitioner to produce that vehicle before him and accordingly the vehicle was produced before the said officer on 22.03.2011. On 28.03.2011 the Kadavanthara Police registered Crime No. 591 of 2011 against the driver of the said vehicle for offences punishable under Sections340A and B of the Municipalities Act (for short, "the Act") on the allegation that the vehicle was used to unload toilet waste at a public place. Petitioner filed C.M.P. No. 2708 of 2011 before the Sub Divisional Magistrate, Fort Kochi where the FIR in Crime No. 591 of 2011 was filed for interim custody of the vehicle. The Sub Divisional Magistrate has not disposed of the said application according to the Petitioner, inspite of lapse of about two months. Hence a direction is prayed for to the Respondent to release the vehicle subject to the orders that may be passed by the Sub Divisional Magistrate.

Learned Public Prosecutor submitted that as per the provisions of the Act, the vehicle is liable for confiscation and that the Act does not provide for any interim release of the vehicle.

I am not going into the question whether vehicle is liable to be given interim custody or not as prayed for by the Petitioner in C.M.P. No. 2708 of 2011 since that is a matter to be decided by the appropriate authority having regard to the relevant provisions of law. C.M.P. No. 2708 of 2011 has to be disposed of as provided under law at the earliest. Resultantly this criminal miscellaneous case is disposed of directing the Sub Divisional Magistrate, Fort Kochi to dispose of C.M.P. No. 2708 of 2011 (in Crime No. 591 of 2011 of Kadavanthara Police Station) as provided under law as early as possible (if it is not already disposed of) having regard to the provisions of law governing the matter.