Vineesh Vijayan vs State Of Kerala And Ors

Petitioner claims to be the owner of a Tipper Lorry bearing registration No.KL-04-W-2977. The vehicle was seized by the 3rd respondent alleging violation of the provisions of the Kerala Minor Mineral Concession Rules, 2015 and the Mines and Minerals (Development and Regulation) Act, 1957. After seizure, the petitioner's vehicle was produced before the Judicial First Class Magistrate Court(Temporary) South Paravur, Kollam. On the basis of an application submitted by the petitioner under Section 457 of the Code of Criminal Procedure, the learned Magistrate issued Annexure A1 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.G in paragraph 5 of Annexure A1 order, directing the original documents produced before the court to be retained in court custody and to issue true certified copies of those documents to the petitioner. Annexure A2 is the order passed by this Court, whereby, the condition akin to condition No.G in paragraph 5 of Annexure A1 was modified.

On the facts of this case and in view of the earlier order passed by this Court under similar circumstances, I am inclined to grant the relief sought.

In the result, condition No.G in paragraph 5 of 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-04-W-2977 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.

The Crl.M.C is allowed as above.