SUBRAHMANIAN, S/O. KESAVAN vs STATE OF KERALA

Petition filed under Section 482 Cr.P.C.

The petitioner claims to be the owner of a

vehicle seized by the second respondent on the allegation

that the former committed certain offences under the

Kerala Minor Mineral Concession Rules and Mines and

Minerals (Development and Regulation) Act, 1957. The

complaint is that the second respondent did not report the

matter to the learned Magistrate or take any action to get

the vehicle produced before the court. 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.

The learned Public Prosecutor submits that the

second respondent handed over the vehicle to the fourth

respondent. But there is no dispute that the latter did not

report the seizure to the Magistrate or take any steps to

register a case. This is illegal. So the prayer of the

petitioner to direct respondents 2 to 4 to take steps to

produce the vehicle before the learned Magistrate appears

to be justified.

In the result, this Crl.M.C. is allowed in part. The

fourth respondent is directed to take steps to produce the

vehicle before the learned Magistrate forthwith. The

petitioner may file an application before the learned

Magistrate for release of the vehicle to him. The learned

Magistrate may pass appropriate orders on merits on the

application.