NAISON.K.DAVIS Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case is filed challenging Annexure-A1 order by which an application under Sec. 451 of Cr.P.C. for release of a Tanker Lorry bearing registration No.KL-55-E-6734 is dismissed. Annexure-A1 is the order.

(2.) The prosecution case is that the vehicle was used for committing offences punishable under Sec. 269 of IPC and 120(e) of K.P. Act and found dumping waste brought in the vehicle near public road at Kollathara in Anjumoorthymangalam.

(3.) The learned Magistrate dismissed the petition filed under Sec. 451 of the Code mainly for the reason that the allegation against the petitioner is very serious and the learned Magistrate also observed that considering the spirit of the order of this Court dtd. 25/5/2023 in W.P.(C). No.7844/2023, the petitioner is not entitled interim custody. I think there is some force in the above finding of the learned Magistrate.