SANDEEP Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) In Crime No. 612 of 2015 of the Udayamperur Police Station, registered for the offences punishable under S.4(1)(A) read with S.21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'the Act') and R.58 of Kerala Minor Mineral Concession Rules, 1967, the accused has approached the Court below for getting the vehicle seized in the case, released under S.451 CrPC, through CMP No. 825 of 2015.

(2.) The Court below, through Annexure - 1 order dated 20/08/2015, dismissed CMP No. 825 of 2015 by entering a finding that the vehicle was seized by the District Collector as per the said Act, and thereby directing the petitioner to approach the appropriate authority for getting the vehicle released.

(3.) As per S.21(4) of the Act, such a vehicle involved in the offence shall be liable to be seized by an officer or authority specially empowered in that behalf. As per S.21(4A) of the Act, such a vehicle shall be liable to be confiscated by an order of the Court competent to take cognizance of the offence under sub-section (1) and shall be disposed of in accordance with the directions of such Court. In this case, the Court below is the competent Court to take cognizance of the offence under sub-section (1) of S.21 of the Act and, therefore, it is for the Court below to enter a decision on the petition filed under S.451 CrPC. The Court below has failed to exercise its jurisdiction and the power conferred on it and, therefore, Annexure - 1 order has resulted in substantial miscarriage of justice.