Sasi v. State Of Kerala & Ors.

Harun-Ul-Rashid, J.:— Heard the learned counsel for the petitioner and learned Public Prosecutor for the respondents.

2. The Crl. M. C is filed seeking to quash the order dated 13.6.2013 in C.M.P No. 3028/2013 in Crime No. 542/2013 of Kilimanoor Police Station.

3. It is submitted that the petitioner is the registered owner of the vehicle in dispute. The offence alleged is punishable under Section 430 of IPC and Section 4(1) r/w 20 & 21 of the Mines and Minerals Development Regulation Act, 2001. The vehicle belonging to the petitioner was seized by the 2nd respondent and is kept in Kilimanoor Police Station as per the direction issued by the Judicial First Class Magistrate Court-II, Attingal.

4. The petitioner filed C.M.P No. 3028/2013 under Section 457 Cr.P.C to release him interim custody of the vehicle MGV Tipper. The court below placed reliance on the decision reported in Shan v. State of Kerala, 2010 (3) KLT 413. The court below directed the petitioner to deposit Rs. 1,80,000/- as cash security and further to execute a bond for ? 6 Lakhs with two solvent sureties each for the like sum. The court also directed the petitioner either to produce a bank guarantee or the original title deed of his property so as to secure the balance value amount of the vehicle and directed the petitioner to undertake by filing an affidavit that he will produce the vehicle before the confiscating authority as and when required.

5. It is pointed out by the counsel on both sides that the decision reported in Shan v. State of Kerala, 2010 (3) KLT 413 pertains to Protection of River Banks and Regulation of Removal of Sand Act, 2001 and that the instance case fall under the offence punishable under Section 430 of IPC and Section 4(1) r/w 20 & 21 of the Mines and Minerals Development Regulation Act, 2001. It is submitted that the decision referred supra, is only applicable to cases lodged under the Protection of River Banks and Regulation of Removal of Sand Act, 2001.

6. In the facts and circumstances noticed above, this Court is of the view that the matter requires re-consideration.

7. Accordingly, order dated 13.6.2013 in C.M.P No. 3028/2013 in Crime No. 542/2013 of Kilimanoor Police Station is quashed. The court below is directed to reconsider the matter and pass orders afresh, as expeditiously as possible, at any rate, within a period of three weeks from today.

8. The Crl. M. C is disposed of as above.