LAILA T. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the registered owner of a vehicle bearing Regn.No.KL-02-AQ-3375, which was allegedly involved in offences under the Kerala Minor Mineral Concession Rules, 2015 and the Mines and Minerals (Development and Regulation) Act , 1957.

(2.) An application was filed under Section 457 Cr.PC before the Judicial First Class Magistrate's Court (Temporary), South Paravur, Kollam for custody of the vehicle, which was allegedly seized on 01.08.2019. No crime has been registered. The vehicle was ordered to be returned by the learned Magistrate on ten conditions. The petitioner is aggrieved by condition No.8, which requires that the original documents of the vehicle shall be kept in safe custody of the Court and the petitioner shall be issued with a true copy certified from the Court for all legal and practical purposes. Hence, this Criminal MC has been filed.

(3.) It is seen that no crime has been registered so far and there is no necessity for retaining the original documents with the Court. Hence, it will be sufficient to retain copies of the documents of the vehicle in the Court after being certified and compared with the originals and to return the original documents to the petitioner. Hence, it is directed that condition No.8 is modified to the effect that the original documents of the vehicle shall be returned to the petitioner after taking copies of the original documents of the vehicle and after being certified and compared it with the originals for the custody of the Court.