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Judgment
Petition filed under Section 482 Cr.P.C.
The petitioner claims to be the owner of a vehicle,
which was seized by the second respondent on the allegation
that the vehicle was used for commission of the offences
under the Kerala Minor Mineral Concession Rules and Mines
and Minerals (Development and Regulation) Act, 1957. It is
submitted that the seizure was not reported to the learned
Magistrate by any of the respondents and the vehicle was not
produced for the learned Magistrate concerned. The prayer is
to direct respondents 2 to 4 to produce the vehicle before the
learned Magistrate concerned and direct the learned
Magistrate to release the vehicle to the petitioner.
Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
It is submitted by the learned Public Prosecutor
that the second respondent produced the vehicle before the
fourth respondent. If that is true, the failure of the fourth
respondent to report the matter to the learned Magistrate
forthwith and produce the vehicle before him is illegal.
Appropriate directions will be issued.
In the result, this Crl.M.C. is disposed of with a direction
to the fourth respondent to report the seizure of the vehicle to
the learned Magistrate and produce it before him forthwith.
The petitioner may file appropriate application before the
learned Magistrate for its release.