Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF APRIL 2021 / 10TH VAISAKHA, 1943 AGAINST THE ORDER/JUDGMENT IN CMP 3185/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,PALAKKAD PETITIONER/PETITIONER :- ASAD P. E. AGED 40 YEARS S/O. EBRAHIM P. B., POTTASSERY (H), PODIPPARA, KALLEKKAD, PIRAYIRI, PALAKKAD, KERALA - 678006. BY ADVS. SRI.P.MOHAMED SABAH SMT.SAIPOOJA RESPONDENTS/RESPONDENTS :- 1 STTAE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 STATION HOUSE OFFICER KUZHALMANNAM POLICE STATION, PALAKKAD,PIN - 678702. 3 THE DISTRICT GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, MUNICIPAL SHOPPING COMPLEX, SULTHANPETA, PALAKKAD - 678001. SRI. SANTHOSH PETER, SR. PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.S.DIAS, J ---------------- Crl.M.C.No.2241 of 2021 -- - - - - - - - - - - - - - - - - - - Dated this the 30th day of April, 2021
ORDER
This petition is filed to set aside the order
dated 18.12.2020 in CMP No.3185 of 2020 (Annexure 2) of the Judicial First Class Magistrate Court-1, Palakkad.
2. The petitioner has stated that he is the registered owner of Eicher Tipper Lorry bearing Registration No.KL--38-A-4369, Eicher Cab & Tipper
bearing Registration No.KL-12-E-4484 and JCB Excavator bearing Registration No.KL-17-C-4950. The above vehicles were seized by the Police for the alleged violation of the provisions of the Kerala Mineral Concession Rules, 2015 and Mines and Minerals (Development and Regulation) Act. The
Station House Officer of the Kuzhalmannam Police Station seized the above vehicles, but did not report the matter to the jurisdictional court. The petitioner filed Crl.M.C.No.4761 of 2020 before this Court. This Court by Annexure-1 order directed the second respondent to report the seizure to the jurisdictional Magistrate and the learned Magistrate to dispose of
the application expeditiously. Accordingly, the
learned Magistrate passed Annexure-2 order. However, by condition No.2 in the order, the learned Magistrate has directed the original documents of the above vehicles to be kept in safe custody of the Court until a final order is passed. This Court has in similar circumstances, by Annexure-3 order deleted the condition that original documents of the vehicle has to be produced for the release of the vehicle and only an affidavit need be filed undertaking that the original documents would be produced as and when directed by the Court. The petitioner is entitled for a
similar relief. Hence the Crl.M.C.
3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondents.
4. This Court by Annexure-3 has deleted the
condition to produce the original documents of the seized vehicle for releasing the vehicle, instead has directed the petitioner therein to execute an affidavit undertaking that the documents would be produced before the Court as and when required, after substituting the original documents with certified copies.
5. In light of Annexure-3 order passed by this Court, I am of the considered opinion that the petitioner is entitled for a similar order.
In the result, the Crl.M.C is allowed. Condition No.2 in Annexure-2 order is deleted. The petitioner is permitted to produce the certified copies of the documents of the vehicles mentioned above, instead of the original documents of the said vehicles, after executing an affidavit undertaking to produce the original documents as and when directed by the Court. Sd/- C.S.DIAS SMA JUDGE APPENDIX PETITIONER'S/S ANNEXURES :- ANNEXURE 1 TRUE COPY OF THE ORDER DATED
30.10.2020 IN CRL.MC.NO.4677/2020 PASSED BY THIS HONOURABLE COURT. ANNEXURE 2 TRUE COPY OF THE ORDER DATED 18.12.2020 IN CMP.NO.3185/2020 ON THE FILE OF THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT -I, PALAKKAD. ANNEXURE 3 TRUE COPY OF THE ORDER DATED 23.10.2020 IN CRL.M.C.NO.4761/2020 PASSED BY THIS HONOURABLE COURT.