Unice vs. The Sub Inspector Of Police - Kerala High Court, 16 February 2018

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 16TH DAY OF FEBRUARY 2018 / 27TH MAGHA, 1939 WP(C).No. 4884 of 2018 ---------------------- PETITIONER : ---------- UNICE, S/O. AISHA.B., AGED 32 YEARS, CHALIL, MULIYAR P.O., MULIYAR VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO. MH-04-EB-8227) BY ADV.SRI.P.M.ZIRAJ RESPONDENTS : ----------- 1. THE SUB INSPECTOR OF POLICE THALIPARAMBA POLICE STATION, KANNUR DISTRICT - 670 003. 2. THE REVENUE DIVISIONAL OFFICER, THALASSERY, KANNUR DISTRICT - 670 003. 3. THE DISTRICT COLLECTOR, KANNUR DISTRICT - 670 003. 4. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, KANNUR DISTRICT - 670 003. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIAL DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. BY GOVERNMENT PLEADER SRI.RAVI KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: bp WP(C).No. 4884 of 2018 (I) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1 TRUE COPY OF THE FIRST INFORMATION REPORT NO. 75/2018 OF THALIPARAMBA POLICE STATION. EXHIBIT P2 TRUE COPY OF THE BILL ISSUED BY RAJASREE ENTERPRISES DATED 17.01.2018 INCLUDING PAYMENT OF GST. EXHIBIT P3 TRUE COPY OF E-CONSIGNMENT DECLARATION OF THE KERALA COMMERCIAL TAX DEPARTMENT DATED 19.01.2018 CERTIFYING THAT THE CONSIGNMENT HAS BEEN PASSED THROUGH BENGRAMANJESWAR -CT CHECK POST. RESPONDENT'S EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE bp A.K. JAYASANKARAN NAMBIAR, J. ============================== W.P.(C).NO.4884 OF 2018 ============================== Dated this the 16th day of February, 2018

J U D G M E N T

A vehicle bearing Registration No.MH-04-EB-8227 belonging to the petitioner was seized by the 1st respondent in connection with an alleged offence of transportation of river sand coming under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. In the writ petition, the petitioner seeks a release of the vehicle pending further proceedings under the said Act. There is an alternative prayer for permission to compound the offence.

I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents.

The learned Government Pleader would submit, on instructions, that the 1st respondent has since submitted a report before the Judicial First Class Magistrate Court, Taliparamba, and the petitioner should approach the said authority for the purpose of release of the vehicle. Taking note of the said submission of the learned Government Pleader, on instructions, I direct the petitioner to approach the Court of Judicial First Class Magistrate, which is W.P.(C).NO.4884 OF 2018 : 2 : now in seizin of the matter, and seek an interim custody of the vehicle from the said authority. It is made clear that, if the petitioner prefers an application seeking interim custody of the vehicle during the pendency of the proceedings before the said court, the learned Magistrate shall consider the application, taking note of the law laid down by this Court in Shan v. State of Kerala (2010 (3) KLT 413), within one week from the date of receipt of the application from the petitioner. The writ petition is disposed as above. A.K.JAYASANKARAN NAMBIAR JUDGE Bb/16/2/2018 []

P.A to Judge