IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1674 of 2007()
1. ANILKUMAR.V.R., VALUPARAMBIL HOUSE,
... Petitioner
Vs
1. THE S.I. OF POLICE, RANNY REP. BY THE
... Respondent
For Petitioner :SRI.S.SANTOSH KUMAR (PERUNAD)
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :24/05/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.1674 of 2007
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Dated this the 24th day of May 2007
O R D E R
The petitioner’s lorry has been seized on the allegation that
it was involved in illicit transportation of sand. According to the
petitioner, his vehicle was not so involved in any illicit
transportation of sand. A crime has been registered. It is
submitted that the seizure has not been reported to the learned
Magistrate.
2. The petitioner is aware of the law. What he should do
is to file an application under Section 457 Cr.P.C for release of
the vehicle to him. If seizure of the vehicle is confirmed and
reported in response to such application under Section 457
Cr.P.C, the learned Magistrate has the jurisdictional competence
under Section 457 Cr.P.C to pass appropriate orders. But the
petitioner has not filed any such application. He has come
directly to this court complaining about the course adopted by
the police of not reporting seizure to the learned Magistrate.
Why did he not apply for release under Section 457 Cr.P.C? The
Crl.M.C.No.1674/07 2
only explanation is that even if the petition is filed, the learned
Magistrate is likely to post the case to a distant date thus
effectively frustrating the remedy available to the petitioner.
3. I find no reason to invoke the powers under Section
482 Cr.P.C. The petitioner can apply for release of the vehicle
under Section 457 Cr.P.C before the learned Magistrate.
Appropriate orders must be passed by the learned Magistrate.
Needless to say, unnecessary protraction of the proceedings
must be avoided and it is not necessary to ritualistically post the
case to any distant date by the learned Magistrate. A sense
expedition must inform the learned Magistrate in view of the fact
that the vehicle is exposed to sun and rain. With the above
observation, this Criminal Miscellaneous Case is dismissed.
Hand over copy of this order to the learned counsel for the
petitioner for production before the learned Magistrate today
itself.
(R.BASANT, JUDGE)
jsr
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Crl.M.C.No.1674/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF APRIL 2007