Priyan C.A. vs State Of Kerala And Ors

Petitioner claims to be the owner of a JCB Lorry bearing registration No.KL-63-F-6095, which was seized by the second respondent on 01.11.2020 alleging commission of offences punishable under the Kerala Conservation of Paddy Land and Wet Land Act, 2008. It is submitted that after seizure of the vehicle, the 2nd respondent was bound to report the seizure to the jurisdictional Magistrate, as mandated under Section 102(3) Cr.P.C, but has failed to do so. As a result, the petitioner is prevented from approaching the Magistrate concerned with an application seeking interim release of the vehicle.

The Crl.M.C is hence disposed of, directing the second respondent to report seizure of the vehicle bearing registration No. KL-63-F-6095 to the jurisdictional Magistrate Court, within seven days from the date of receipt of a copy of this order. On such report being submitted, the petitioner will be at liberty to approach the jurisdictional Magistrate Court with an appropriate application seeking interim custody of the vehicle. The Magistrate concerned shall thereupon consider the application and pass appropriate orders thereon expeditiously.