NISSAMUDHEEN Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The petitioners have approached this Court alleging that the 1st respondent - Station House Officer has seized their vehicles, bearing Registration Nos.KL-14/H-8860 and KL-54/H-4753, without any Authority and that he is retaining the same in his custody illegally and in contravention of Section 102(3) of the Code of Criminal Procedure.

(2.) The petitioners say that their vehicles are not involved in any offence - be that under the Kerala Conservation of Paddy Land and Wetland Act or the Kerala Minor Mineral Concession Rules or the Kerala Conservation of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 - and, therefore, that no proceedings can be taken against them in terms of these Statutes. The petitioners, thus also pray that the mahazars under which the vehicles have been seized be quashed.

(3.) The learned Government Pleader appearing on behalf of the official respondents, submits that since the vehicles have been seized by the 1st respondent, same can be produced before the Court of the competent Magistrate but prays that this Court may direct the said Magistrate to consider issuing further orders - including for its interim custody - only after verifying whether the petitioners are repeated offenders. He says that other official respondents, including the District Collector, may be allowed to take further action, in terms of law, against the vehicles in question, depending upon the offences alleged against the petitioners.