ABDUL SAMAD Vs. DEPUTY TAHSILDAR, MANNARKAD TALUK

JUDGEMENT

(1.) The petitioner is the owner of a lorry bearing KL- 52/M-9032, which has been seized by the first respondent for an allegation of the violation of rules under the Kerala Minor Mineral (Development and Regulation) Act, 1957 on 19.02.2021. Subsequent to the seizure, the petitioner approached this Court for the release of the vehicle by filing W.P.(C) No.5428/2021. By judgment dated 02.03.2021, this Court directed the 4th respondent to initiate proceedings against the petitioner and it was further directed that the the petitioner would be free to move before the criminal court for the release of the lorry in accordance with the scheme of the Code of Criminal Procedure.

(2.) Soon thereafter, the petitioner approached the Judicial First Class Magistrate Court, Pattambi seeking to release the vehicle on interim custody. The learned Magistrate passed an order directing to release the vehicle on interim custody by virtue of Annexure -III order. Condition No.8 in the said order is that the petitioner shall deposit a sum of Rs. 1,00,000/- as security for the fulfillment of condition numbers 1 to 7.

(3.) Heard the learned counsel for the petitioner and the learned Public Prosecutor for the State.