K V JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the driver cum owner of a lorry. The said vehicle was allegedly involved in illicit transportation of river sand. The petitioner was arrested and the lorry was seized by the police. The lorry was produced before the learned Magistrate. The same was released to the petitioner as per order dated 27.09.2006, copy of which is produced as Annexure-A4. The release was made subject to conditions. The registration certificate was also placed before the learned Magistrate. The Magistrate while releasing the vehicle made an endorsement in the registration certificate which reads as follows:

(2.) The petitioner has come to this Court aggrieved by the endorsement made thereon. The learned counsel for the petitioner contends that there is no specific provision of law enabling or authorising the learned Magistrate to make such an entry in the registration certificate. The provisions of the Motor Vehicles Act, which deals with the registration certificate do not confer on the learned Magistrate any power to make such an endorsement. The learned counsel for the petitioner further submits that the order passed by the learned Magistrate directing the release (Annexure-A4) does not also contain a specific direction/stipulation that such an endorsement shall be made. The endorsement has been made without specifically hearing the petitioner on that aspect. It was only when the registration certificate was released to the petitioner from the court that the petitioner came to know that such an endorsement has been made.

(3.) Objection is also raised against the nature of the endorsement made. No final conclusion has been reached by the learned Magistrate. It was only an interim release of the vehicle. It is not even mentioned that the vehicle is only "allegedly involved in the crime". This is also unjust and unfair, it is submitted. In these circumstances, it is prayed that a direction may be issued to delete the said endorsement made in the registration certificate.