IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 2ND DAY OF JUNE 2016/12TH JYAISHTA, 1938 Crl.MC.No. 2924 of 2016 () CMP 1050/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL. CRIME NO. 414/2016 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM. PETITIONER: BIJU, AGED 37 YEARS, S/O.APPU, SHIBU NIVAS, KADAKONAM, EDAKODU VILLAGE, TRIVANDRUM. BY ADV. SRI.M.R.SARIN RESPONDENT(S)/STATE/COMPLAINANT: 1.STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2.THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COUT OF KERALA, ERNAKULAM - 628 231. BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: mbr/ Crl.MC.No. 2924 of 2016 () APPENDIX PETITIONER(S)' ANNEXURES: ANNEXURE 1 : CERTIFIED COPY OF THE ORDER DATED 28.3.16 IN [CASE NUMBER] OF THE [ACT] -I, ATTINGAL. RESPONDENT(S)' ANNEXURES: NIL TRUE COPY P.S. TO JUDGE mbr/ [ENTITY], J - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 2924 of 2016 - - - - - - - - - - - - - - - - Dated 2nd June, 2016 - - - - - - - - - - - - - - - - - - - - - - - - ORDER
A tipper lorry bearing registration No.KL-22E 1648 owned by the petitioner was seized by the Station House Officer, Attingal Police Station on 23.2.2016, while it was found transporting ordinary earth. [CASE NUMBER] of Attingal Police Station was registered for the offence punishable under [SECTION] of the [ACT] (hereinafter referred to as "[ACT]). The vehicle was produced before the learned Magistrate and the petitioner preferred an application under [SECTION] of the [ACT] seeking interim custody of the vehicle. The said application was allowed and the vehicle was released subject to certain conditions.
2. The petitioner is aggrieved by conditions (b) and (c) imposed by the learned Magistrate. The same is extracted below for easy reference:
"b. The petitioner shall deposit 30% fo the value of the vehicle before this court as determined by the RTO concerned, in cash.
c. The petitioner should provide wither a bank guarantee or immovable property as security for the balance of the value of vehicle. In case, the petitioner is offering the immovable property as security, the petitioner shall execute a bond for the balance amount excluding 30% of the value of the vehicle with two solvent sureties each for the like sum to the satisfaction of this court."
3. I have heard the learned counsel appearing for the petitioner as well as the learned Public Prosecutor.
4. It is submitted by the learned counsel that it was relying on the Full Bench decision of this Court in [PRECEDENT] That judgment was rendered in respect of vehicles which were seized for contravening the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Referring to the decision of this Court in [PRECEDENT], it is contended that the law laid down by this Court in [PRECEDENT]'s case (supra) cannot be made applicable in view of the provisions under the [ACT] and the [ACT]. Referring to The [ACT], (hereinafter referred to as "[ACT] submitted that the Rules were framed in exercise of powers conferred [SECTION] of the of the [ACT]. Referring to Section 3 Sub Clause (a) & (e) of [ACT] it is submitted that Minerals and minor minerals have been separately defined and the Rules framed under the [ACT] cannot lead to confiscation or seizure with respect to transportation of minor minerals.
6. Finally the learned counsel submits that the provisions relating to seizure of vehicles under the [ACT] and the [ACT] were challenged before this Court and referring to the interim order dated 01.09.2015 in [CASE NUMBER] , it is contended that a Division Bench this Court had ordered the release of vehicles on condition of deposit of Rs. 25,000 and on giving security by executing a bond for Rs. 25,000 in the case of a tipper lorry.
7. Having regard to the facts and circumstances and in view of the interim order in the writ appeals referred to above, I am of the view that the condition imposed by the learned Magistrate in Annexure A1 order can be suitably modified.
8. In the result, conditions (b) and (c) of Annexure A1 is set aside. Instead, the tipper lorry bearing registration No. KL-22-E-1648 involved in [CASE NUMBER] of Attingal Police Station shall be released on condition that the petitioner deposits a sum of Rs. 25,000 and on giving security for a sum of Rs. 25,000 by executing a bond without sureties. All other conditions shall remain as such.
The petition is disposed off.
[ENTITY], JUDGE kp/-2.6.16