JAYAKUMAR Vs. THE STATE OF KERALA

JUDGEMENT

(1.) A vehicle belonging to the revision petitioner was seized by the Sub Inspector of Police, Attingal under S.21(4) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, 'the Act'), when he found red earth being transported in the said vehicle in violation of S.4(1A) of the Act. On seizure, the Sub Inspector, suo motu, registered a crime against the revision petitioner. However, seizure of the property was not reported to the learned Magistrate having jurisdiction. When nothing proceeded further at the hands of the police, the revision petitioner moved the learned Judicial First Class Magistrate Court - I, Attingal with CMP No. 3595/2014 under S.457 CrPC, for getting custody of the vehicle seized by the police. The vehicle involved is a tipper lorry bearing No. KL - 16 - F - 3191. Seizure was made by the police on 21.07.2014.

(2.) The application filed by the revision petitioner under S.457 CrPC was resisted by the prosecution on the contention that the fact of seizure has already been reported to the District Collector, and that the vehicle is liable for confiscation by the District Collector. The legal objection raised by the prosecution is that the court will have no role when the matter is reported to the District Collector for confiscation proceedings.

(3.) Finding that seizure of property has not been reported to the court, or that presently there is no complaint by the police and that the District Collector, Thiruvananthapuram has already initiated proceedings, the learned Magistrate dismissed the application filed under S.457 CrPC, by order dated 11.08.2014. Aggrieved by the said order, the claimant has come out in revision.