ABOOBACKER Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner complaints that in spite of lapse of more than two years after seizure of a tipper lorry of which he is the owner, the respondents have not finalised the proceedings. The petitioner submits that he had to approach this Court earlier and by Ext.P6 Judgment, the order passed by the District Collector was set aside by this Court. Thereafter, no fresh orders have been passed.

(2.) PRESENTLY, the petitioner is seeking for a direction to the Sub Inspector of Police to report about the seizure to the Judicial Magistrate of the First Class, Cannanore in the light of the decision of a Division Bench of this Court in Sujith v. State of Kerala and others [2012 (2) KLT 547] and in the light of the Judgment Ext.P7 of this Court in a later writ petition No.13635/2012.

(3.) THE Station House Officer concerned will have to file a report before the Criminal Court after affecting seizure, for enabling the petitioner to move the concerned Criminal Court under Sections 451 or 457 of the Code of Criminal Procedure. Therefore, the writ petition is disposed of directing the third respondent to see that a report is filed before the Judicial Magistrate of the First Class, Cannanore within a period of 15 days from the date of production of a copy of this Judgment, along with a copy of the writ petition, by the petitioner. No costs.