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Judgment
A lorry bearing registration No.KL-08/AP-7622 owned by the petitioner herein was seized by the 2nd respondent on 19.05.2019. The grievance of the petitioner is that no crime has been registered and the seizure has not been reported to the learned Magistrate. The vehicle was seized allegedly for violating the provisions of the Kerala Minor Mineral Concession Rules, 2015 and Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015.
The limited prayer in this petition is to issue necessary direction to the learned Magistrate to consider the application of the petitioner for interim custody and pass appropriate orders.
Having considered the submissions advanced, I direct the petitioner herein to approach the learned Magistrate and file an application under Section 457 of the Cr.P.C. If such an application is filed, the learned Magistrate shall consider the same and pass appropriate orders, expeditiously, and on its merits. Before passing orders the learned Magistrate shall obtain a report from the concerned Geologist.
This petition is disposed of.
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF THE MAHASSAR DATED 19.5.2019
PREPARED BY THE SECOND RESPONDENT.
ANNEXURE 2 TRUE COPY OF THE ORDER DATED 15.3.2019 IN CRL.M.C.NO.2020 OF 2019.
RESPONDENTS' EXHIBITS: