Soman vs State of Kerala

SOMAN vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 01, 2024

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Citation: sooperkanoon.com/1313523
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Mar 01, 2024
Case Number: Crl.MC/2144/2024

Parties & Advocates

Appellant / Petitioner

SOMAN

Respondent

State of Kerala

Excerpt

.....the learned counsel for the petitioner, contended that the failure to report the seizure to the magistrate is contrary to law and that the 4th respondent ought to have reported the same.3. in the decision in crl.m.c.no.1484/2023, this court consideredthe question as to whether the seizure ought to be reported to the magistrate. after observing that there are no contrary provisions in the act as against section 102 cr.p.c., it was observed that the police officers are bound to report the factum of seizure without delay to the magistrate.4. the seizure of the two vehicles have not been reported to the magistrate yet and the 4th respondent is bound to do so as per law.5. accordingly, there will be a direction to the 4 th respondent toreport the seizure of vehicle bearing registration no. kl-31-d-1020 to the jurisdictional magistrate, as expeditiously as possible, at any rate, within a period of 48 hours from the date of receipt of a copy of this order, if not already reported. petitioner shall produce certified copy of the order before the 4 th respondent for due compliance. the crl.m.c.is disposed of. sd/- bechu kurian thomas, judge rkm appendix of crl.mc 2144/2024 petitioner's annexures : annexure-a a true copy of the certificate of registration of the petitioner in tipper lorry vehicle no.kl-31-d-1020. annexure-b a true copy of the seizure mahazar prepared by the 4th respondent dated 28.2.2024 against the petitioner's above vehicle. annexure-c true copy of the judgment dated 19.01.2024 in crl.m.c no.284/2024 by this annexure-d a true copy of the interim order dated 26.9.2022 in crl.m.c no.6387/2022 by this honorable high court. annexure-e a true copy of the judgment dated 22.8.2023 in crl.m.c.no.6886/2023 by this

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945 PETITIONER/ PETTIONERS: SOMAN, AGED 54 YEARS S/O.NARAYANAN, LEKSHMI NARAYANAM, MUDUVILA THEKKATHIL, KOMALLOOR, CHUNAKKARA, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT, PIN - 690 505 BY ADVS. AJITH MURALI SWAPNA VIJAYAN MOHANAN M.K. RESPONDENT/ STATE & COMPLAINANT : 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031 2 THE SENIOR GEOLOGIST OFFICE OF THE DISTRICT MINING AND GEOLOGY, ALAPPUZHA DISTRICT, PIN - 688001 3 THE STATION HOUSE OFFICER/CIRCLE INSPECTOR OF POLICE, NOORANAD POLICE STATION, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT, PIN - 690 504 4 THE SUB INSPECTOR OF POLICE NOORANAD POLICE STATION, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT,, PIN - 690504 SRI. M.C. ASHI, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
Crl.M.C.No.2144 of 2024 Dated this the 1st day of March, 2024

ORDER

The petitioner is the registered owner of a tipper lorry bearing Registration No. KL-31-D-1020. The above vehicle was seized by the 4 th respondent on 28.02.2024 alleging offences punishable under Sections 4(I) and 21 of the Kerala Minor Mineral (Regulation of Development) Act 1957 (for short, ‘the Act’). However, the said seizure has not been reported to the learned Magistrate under Section 102 of Cr.P.C and instead has been reported to the 4 th respondent, who is the Competent Officer under the Act.

2. Sri.Ajith Murali, the learned counsel for the petitioner, contended that the failure to report the seizure to the Magistrate is contrary to law and that the 4th respondent ought to have reported the same.

3. In the decision in Crl.M.C.No.1484/2023, this Court considered

the question as to whether the seizure ought to be reported to the Magistrate. After observing that there are no contrary provisions in the Act as against Section 102 Cr.P.C., it was observed that the Police Officers are bound to report the factum of seizure without delay to the Magistrate.

4. The seizure of the two vehicles have not been reported to the Magistrate yet and the 4th respondent is bound to do so as per law.

5. Accordingly, there will be a direction to the 4 th respondent to

report the seizure of vehicle bearing Registration No. KL-31-D-1020 to the jurisdictional Magistrate, as expeditiously as possible, at any rate, within a period of 48 hours from the date of receipt of a copy of this order, if not already reported. Petitioner shall produce certified copy of the order before the 4 th respondent for due compliance. The Crl.M.C.is disposed of. Sd/- BECHU KURIAN THOMAS, JUDGE RKM APPENDIX OF CRL.MC 2144/2024 PETITIONER'S ANNEXURES : Annexure-A A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER IN TIPPER LORRY VEHICLE NO.KL-31-D-1020. Annexure-B A TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 4TH RESPONDENT DATED 28.2.2024 AGAINST THE PETITIONER'S ABOVE VEHICLE. Annexure-C TRUE COPY OF THE JUDGMENT DATED 19.01.2024 IN CRL.M.C NO.284/2024 BY THIS Annexure-D A TRUE COPY OF THE INTERIM ORDER DATED 26.9.2022 IN CRL.M.C NO.6387/2022 BY THIS HONORABLE HIGH COURT. Annexure-E A TRUE COPY OF THE JUDGMENT DATED 22.8.2023 IN CRL.M.C.NO.6886/2023 BY THIS

Same Court & Year Kerala · 2024 Same Parties SOMAN vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas