MOHAMMED SALEEM Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The case of the petitioner is that he is being harassed by the Sub Inspector of Police, Thrithala, unnecessarily. The petitioner says that he is the Manager of P.A. Trading Company at Nadakkavu in Ponnani Taluk. The Company is engaged in the importing of three seater metallic chairs and selling of the same to the customers. On 21.9.2016, a load of chairs was brought at 3 A.M. at Nadakkavu, Kalady, and when the petitioner was engaged in unloading the imported chairs, the third respondent came in a private vehicle and the petitioner was taken into custody. Mobile phone of the petitioner was seized and he was brought to Thrithala Police Station. Thrithala Police Station is in Palakkad District where as according to the petitioner, place from where he was taken into custody is in Malappuram District. According to the petitioner, the third respondent has no territorial jurisdiction over that area. The petitioner speaks about the harassment by the police on various occasions.

(2.) In the statement filed by the Sub Inspector of Police, Thrithala, it is stated that the petitioner is involved in Crime No.365 of 2015 of Thrithala Police Station for illegal sand mining. The petitioner is a member of the sand mafia. The police and revenue officers find it difficult to take into custody the persons involved in the sand mafia, since they are organised in their activities and the movement of the police or revenue officers will be intimated then and there over mobile phone by them. That is the reason why a private car was hired.

(3.) It is stated that the petitioner was not taken into custody and while the third respondent, during patrol duty, found the petitioner standing in the place in unusual circumstances, he was asked to hand over his mobile phone. The petitioner handed over the mobile phone and left the scene of occurrence on a motor bike. On verifying the mobile phone calls, it is seen that the activities of the petitioner are nocturnal. It is stated that no crime is registered against the petitioner and he can take back the mobile phone from the police station.