Sunil S., vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 07, 2022

~3 min read

https://sooperkanoon.com/case/1440863

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1440863
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Jan 07, 2022
Case Number: Crl.MC/130/2022

Parties & Advocates

Appellant / Petitioner

Sunil S.,

Respondent

State of Kerala

Excerpt

.....the following: crl.m.c.no.130 of 2022 2orderfirst petitioner is the registered owner of a tipper lorry bearing registration no. kl-44-a-7658 and the second petitioner is the owner of a jcb having registration no. kl- 12-f-3816. the grievance of the petitioners is that even though both the vehicles were seized by the police after booking a proceeding under the mmdr act and the kerala mineral concession rules, the fact is not being reported to the jurisdictional court nor the vehicles were produced before court.2. the learned counsel also placed reliance on annexure 5 order of this court in crl.m.c. no. 4677/2020 issued on similar circumstances.3. i heard the learned counsel for the petitioners and also the learned senior public prosecutor.4. as rightly pointed out, when a property is seized ina proceeding, under section 102(3) of the criminal procedure code, it is peremptory that it should be reported to the crl.m.c.no.130 of 2022 3 jurisdictional court. that has not been done. therefore, the second respondent is directed to report the matter before the jurisdictional court within a period of ten days from today. crl.m.c. is disposed of as above. sd/- k.haripal judge dcs/07.01.2022 crl.m.c.no.130 of 2022 4 appendix petitioner's annexure annexure 1 true copy of the registration certificate of the eicher tipper bearing registration no. kl-44-a-7658 annexure 2 true copy of the goods carriage permit of the eicher tipper bearing registration no. kl-44-a-7658 annexure 3 true copy of the registration certificate of jcb bearing registration no. kl-12-f- annexure 4 true copy of the seizure mahazar dated 18.12.2021 prepared by sub inspector of police, town north police station, palakkad annexure 5 true copy of the order dated 30.10.2020 in crl.m.c. no. 4677/2020 of the honourable high court of kerala.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL FRIDAY, THE 7TH DAY OF JANUARY 2022 / 17TH POUSHA, 1943 CRL.MC NO. 130 OF 2022 PETITIONERS: 1 SUNIL S AGED 32 YEARS S/O SUDEVAN A. KALLIKAD, PALLIPURAM P.O. KERALA - 678 006 2 YASAR ARAFATH, S/O. KAREEM P.B. AGED 34, POTTASSERY HOUSE PIRAYIRI, KERALA - 678 004 BY ADVS.P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA R.GAYATHRI SADIK ISMAYIL M.MAHIN HAMZA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031 2 STATION HOUSE OFFICER, TOWN NORTH POLICE STATION, PIN - 678 001 3 THE DISTRICT GEOLOGIST, PALAKKAD DISTRICT, DISTRICT OFFICE OF DEPARTMENT OF MINING AND GEOLOGY, SULTANPET, PALAKKAD - 678 001 BY SMT. SREEJA V., SENIOR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.130 OF 2022 2

ORDER

First petitioner is the registered owner of a tipper lorry bearing Registration No. KL-44-A-7658 and the second petitioner is the owner of a JCB having Registration No. KL- 12-F-3816. The grievance of the petitioners is that even though both the vehicles were seized by the police after booking a proceeding under the MMDR Act and the Kerala Mineral Concession Rules, the fact is not being reported to the jurisdictional court nor the vehicles were produced before Court.

2. The learned counsel also placed reliance on Annexure 5 order of this Court in Crl.M.C. No. 4677/2020 issued on similar circumstances.

3. I heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor.

4. As rightly pointed out, when a property is seized in

a proceeding, under Section 102(3) of the Criminal Procedure Code, it is peremptory that it should be reported to the Crl.M.C.No.130 OF 2022 3 jurisdictional court. That has not been done. Therefore, the second respondent is directed to report the matter before the jurisdictional court within a period of ten days from today. Crl.M.C. is disposed of as above. Sd/- K.HARIPAL JUDGE DCS/07.01.2022 Crl.M.C.No.130 OF 2022 4 APPENDIX PETITIONER'S ANNEXURE ANNEXURE 1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE EICHER TIPPER BEARING REGISTRATION NO. KL-44-A-7658 ANNEXURE 2 TRUE COPY OF THE GOODS CARRIAGE PERMIT OF THE EICHER TIPPER BEARING REGISTRATION NO. KL-44-A-7658 ANNEXURE 3 TRUE COPY OF THE REGISTRATION CERTIFICATE OF JCB BEARING REGISTRATION NO. KL-12-F- ANNEXURE 4 TRUE COPY OF THE SEIZURE MAHAZAR DATED 18.12.2021 PREPARED BY SUB INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, PALAKKAD ANNEXURE 5 TRUE COPY OF THE ORDER DATED 30.10.2020 IN CRL.M.C. NO. 4677/2020 OF THE HONOURABLE HIGH COURT OF KERALA.

Same Court & Year Kerala · 2022 Same Parties Sunil S., vs State of Kerala Same Judge Honourable Mr. Justice K.Haripal