Mahamood Saheed vs the Sub Inspector of Police

Mahamood Saheed vs The Sub Inspector of Police

Type Court Judgment Court Kerala Decided Jun 01, 2023

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Citation: sooperkanoon.com/1359104
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Jun 01, 2023
Case Number: WP(C)/15260/2023

Parties & Advocates

Appellant / Petitioner

Mahamood Saheed

Respondent

The Sub Inspector of Police

Excerpt

.....and minerals (development and regulation) act, 1957.3. i have heard the learned counsel for the petitioners and the learned government pleader representing the respondents.4. ext.p3 is a division bench judgment of this court in w.a. no.609 of 2023. in the said judgment, this courtheld that intention to use the vehicle for illegal transportationwould not attract the penalty provisions under the mines and minerals (development and regulation) act, 1957. only the vehicles which transport or have transported minerals illegally alone are liable to be seized under the mines and minerals (development and regulation) act, 1957 or the kerala minor mineral concession rules, 1967.5. ext.p1 mahazar would show that the lorriesbearing registration nos.kl-10ae-1732 and kl-10ag-0828 did not contain any minor minerals at the time of seizure. therefore, ext.p3 judgment of this court would squarely apply to the situation. in the circumstances, the writ petition is allowed. the 1st respondent-sub inspector of police is directed to release the lorries bearing registration nos.kl-10ae-1732 and kl- 10ag-0828 to the petitioners forthwith. sd/- n.nagaresh judge spk appendix of wp(c) 15260/2023 petitioner exhibits exhibit- p1 true copy of the seizure mahasar dated 2.5.2023 prepared by the first respondent exhibit- p2 true copy of the judgment reported in unais vs district collector 2023 (1) klt 651 exhibit- p3 true copy of the judgment of the division bench of this honourable court dated 29.3.2023 in w.a.no.609 of 2023 exhibit- p4 true copy of the judgment of this honourable court dated 4.4.2023 in wp(c) no.11862 of 2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 WP(C) NO. 15260 OF 2023 PETITIONERS: 1 MAHAMOOD SAHEED, AGED 26 YEARS, S/O KUNHARA, RESIDING AT PICHENKADAMBOTTTU THODI, WEST KODUR, KODUR P.O., MALAPPURAM DISTRICT, PIN - 676504 (OWNER OF LORRY BEARING REGISTRATION NO.KL-10-AE- 1732) 2 VEERANKUTTY, AGED 42 YEARS S/O MOITHEENKUTTY, PULIKKALAKANDI HOUSE, CHULLIKKODE, THAVANOOR P.O., MALAPPURAM - 673641 (OWNER OF LORRY BEARING REGISTRATION NO.KL-10-AG- 0828) BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ RESPONDENTS: 1 THE SUB INSPECTOR OF POLICE MALAPPURAM POLICE STATION, MALAPPURAM DISTRICT, PIN - 676505 2 THE DISTRICT GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION, MANJERI PO, MALAPPURAM, PIN - 676121 SMT.AMMINIKUTTY, SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 1st day of June, 2023 The petitioners, who are owners of lorries bearing registration Nos.KL-10AE-1732 and KL-10AG-0828, state that on 02.05.2023, empty lorries of the petitioners were seized by the 1st respondent-Sub Inspector of Police along with other vehicles illegally, while the lorries were parked on the road side.

2. The petitioners state that Ext.P1 Mahazar would indicate that at the time of seizure, the vehicles were empty. The petitioners would submit that a Division Bench of this

Court considered the issue in W.A. No.609 of 2023 and held

that empty vehicles cannot be seized for violating Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957.

3. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents.

4. Ext.P3 is a Division Bench judgment of this Court in W.A. No.609 of 2023. In the said judgment, this Court

held that intention to use the vehicle for illegal transportation

would not attract the penalty provisions under the Mines and Minerals (Development and Regulation) Act, 1957. Only the vehicles which transport or have transported minerals illegally alone are liable to be seized under the Mines and Minerals (Development and Regulation) Act, 1957 or the Kerala Minor Mineral Concession Rules, 1967.

5. Ext.P1 Mahazar would show that the lorries

bearing registration Nos.KL-10AE-1732 and KL-10AG-0828 did not contain any minor minerals at the time of seizure. Therefore, Ext.P3 judgment of this Court would squarely apply to the situation. In the circumstances, the writ petition is allowed. The 1st respondent-Sub Inspector of Police is directed to release the lorries bearing registration Nos.KL-10AE-1732 and KL- 10AG-0828 to the petitioners forthwith. Sd/- N.NAGARESH JUDGE spk APPENDIX OF WP(C) 15260/2023 PETITIONER EXHIBITS Exhibit- P1 TRUE COPY OF THE SEIZURE MAHASAR DATED 2.5.2023 PREPARED BY THE FIRST RESPONDENT Exhibit- P2 TRUE COPY OF THE JUDGMENT REPORTED IN UNAIS VS DISTRICT COLLECTOR 2023 (1) KLT 651 Exhibit- P3 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HONOURABLE COURT DATED 29.3.2023 IN W.A.NO.609 OF 2023 Exhibit- P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 4.4.2023 IN WP(C) NO.11862 OF 2023

Same Court & Year Kerala · 2023 Same Parties Mahamood Saheed vs The Sub Inspector of Police Same Judge Honourable Mr.Justice N.Nagaresh