High CourtsSingle Bench(2021) 01 KL CK 0198

Kabeer vs Sub Inspector Of Police And Ors

High Court Of Kerala · Decided on 6 January 2021

HON’BLE JUDGES
A. Muhamed Mustaque, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 27568 Of 2020

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Judgment

5 paragraphs · 197 words
1.

The petitioner's vehicle has been seized with sand. According to the petitioner, it is an ordinary sand and not river sand. The petitioner approached this Court in W.P.(C)No. 31813/2019, seeking a direction to respondent to take a sample of the minerals seized for chemical analysis. Thereafter, a report was obtained from the chemical lab as seen from Ext.P2. The report shows that it was river sand.

2.

According to the petitioner, the samples were collected not in his presence and he has no knowledge about the minerals forwarded to the chemical lab.

3.

Having considered the facts and circumstances, I am of the view that a fresh sample shall be taken in the presence of the petitioner and forward the same to the chemical lab for analysis.

4.

Needful shall be done to take sample in the presence of the petitioner within a period of two weeks and forward the sample for chemical analysis. Thereafter, based on the fresh lab report and analysing the earlier report also, a decision shall be taken in the matter without any further delay. The Revenue Divisional Officer shall comply with this directions.

This writ petition is disposed of as above.