MADAVANA MANI AJAYAKUMAR v. STATE OF KERALA

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 THE STATION HOUSE OFFICER KURUPPAMPADY POLICE STATION, ERNAKULAM, PIN - 683545 OTHER PRESENT: SHRI ASHI M.C.-P.P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

12.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 532 OF 2024 2 BECHU KURIAN THOMAS, J. =========================== Crl.M.C.No.532 of 2024 ------------------------------------------------------- Dated this the 12th day of February 2024 ORDER Petitioner is the owner of a vehicle bearing Reg. No.KL-40-V-0166. The said vehicle was seized on 10.12.2023 alleging offences punishable under Sections 268 and 269 of the Indian Penal Code, 1860 apart from Section 120(e) of the Kerala Police Act. Immediately thereafter, an application for interim custody of the vehicle was filed, which was rejected by order dated

28.12.2023. Aggrieved by the dismissal of the said application, this Crl.M.C. has been filed.

I have heard learned Counsel for the petitioner as well as the learned Public Prosecutor.

By order dated 07.07.2023 in W.P.(C)No.7884/2023, a Division Bench of this Court had observed that vehicles seized for dumping waste ought not be released without intimation and consent of this Court.

Petitioner’s vehicle was allegedly used for dumping fish waste in a public place. Petitioner contends that his wife is conducting a poultry farm, with the consent of Pollution Control Board as is evident from Annexure A4. It is also contended that the vehicle carrying fish waste was detained by the Police and Annexure A1 FIR was registered. It is noticed that the vehicle was seized on 10.10.2023. The allegation against the petitioner is serious in nature. Considering the direction of the Division Bench of this Court in W.P. (C)No.7884/2023, the impugned order cannot be said to be perverse. CRL.MC NO. 532 OF 2024 3 However, having regard to the period of detention of the vehicle from

10.12.2023 and bearing in mind the decision of Sundarbhai Ambalal Desai v. State of Gujarat [2002 (10) SCC 283], I am of the view that further detention of the vehicle may not be required and interim custody can be given to the petitioner on conditions.

In the result this Crl.M.C. is allowed. The vehicle bearing Reg. No. KL-40-V-0166 shall be released to the petitioner, who is the registered owner of the vehicle on the following conditions. 1) Petitioner shall execute a bond for Rs.2,00,000/- with two solvent sureties for the like sum to the satisfaction of the learned Magistrate. 2) Petitioner shall file an undertaking that he will not use the vehicle for dumping waste in public property or commit any similar offence 3) In case petitioner is found dumping waste in public property, the said vehicle can be seized and appropriate proceedings for confiscation of the vehicle can be initiated. 4) Petitioner shall produce the vehicle as and when required by the court. The Crl.M.C. is allowed as above. sd/ BECHU KURIAN THOMAS JUDGE jm/ CRL.MC NO. 532 OF 2024 4 APPENDIX OF CRL.MC 532/2024 PETITIONER ANNEXURES Annexure A1 Annexure A2 Annexure A3 Annexure A4 TRUE COPY OF THE FIR IN CRIME NO. 1140/2023 OF KURUPPAMPADY POLICE STATION DATED 10.12.2023 CERTIFIED COPY OF THE ORDER OF THE JUDICIAL FIRST CLASS MAGISTRATE’S COURT NO.III, PERUMBAVOOR IN CMP NO.3211/2023 DATED 28.12.2023 TRUE COPY OF THE LAND TAX RECEIPT OF THAT PROPERTY ISSUED BY THE VILLAGE OFFICE, KOMABANAD DATED 16.12.2023 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO MRS. MANJU AJAYAKUMAR, WIFE OF THE PETITIONER, DATED 14.01.2020