II, KOCHI v. STATE OF KERALA

CMP NO.2661 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS - PETITIONER/PETITIONER: II, KOCHI SULFIKAR. M.A AGED 32 YEARS S/O ASHRAF, MALIYAKKAL HOUSE, NEAR THEKKEPATTUPURAKKAL TEMPLE, S.N. JUNCTION, NETTOOR, KERALA, PIN – 682040. BY ADV MINIMOL K.M. RESPONDENT/STATE: 1 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. STATION HOUSE OFFICER PALLURUTHY POLICE STATION, W7HC+2H9, NADAKADAVU ROAD, PALLURUTHY, KERALA, PIN – 682006. SMT.PUSHPALATHA M.K, SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

28.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 580 OF 2025 2 O RDER Petitioner’s vehicle bearing registration No.KL 39 B 9683 was seized in connection with Crime No.1394 of 2024 registered at the Palluruthy Kasaba Police Station for offences punishable under Section 271 of BNS, 2023 and Section 120(e) of the Kerala Police Act, 2011.

The crime is registered on the allegation that petitioner’s vehicle was seized by the police on the suspicion that the septage waste in it would be discharged in public premises.

Learned counsel for the petitioner referred to Annexure A4 to point out that requisite application for obtaining the pass for transporting and discharging the septic tank waste at the Brahmapuram Plant was submitted on

9.12.2024 itself and Annexure A3 pass was generated at

12.53 p.m on 12.12.2024. Unfortunately, just prior to the issuance of pass, the vehicle was intercepted at 12.50 p.m CRL.MC NO. 580 OF 2025 3 while on its way to the Brahmapuram FST. Learned Counsel submits that, after registering the crime, the waste loaded in the vehicle was discharged at the Plant of the Kochi Corporation.

Learned Public Prosecutor submitted that, if at all the vehicle is released, that should be on stringent conditions.

As held by the Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat [(2002) 10 SCC 283], it is appropriate to release seized vehicles, rather than detaining them, resulting in damage and deterioration of value. Therefore, even though the alleged offence is serious, the vehicle can be released. The fact that the waste was being transported after applying for pass has pursuaded this Court to relax the conditions. The impugned order is hence quashed and the Crl.M.C. disposed of, with the following directions; CRL.MC NO. 580 OF 2025 4 (i) Petitioner shall execute a self bond for Rs.1,00,000/- (Rupees One lakh only) before the Jurisdictional Magistrate and undertake to produce the vehicle as and when directed. (ii) Petitioner shall not transfer, sublet, lease or sell the vehicle to any person, until conclusion of the criminal case. (iii) Petitioner shall participate in the trial as well as the confiscation proceedings, if any, initiated. (iv) If petitioner commits similar offence in future, police will be free to repossess the vehicle. Sru Sd/- V.G.ARUN JUDGE CRL.MC NO. 580 OF 2025 5 APPENDIX OF CRL.MC 580/2025 PETITIONER’S ANNEXURES Annexure A1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL-39.B.9683 ISSUED IN THE NAME OF THE PETITIONER Annexure A2 A TRUE COPY OF THE FIR NO. 1394/2024 OF PALLURUTHY, POLICE STATION DATED 12.12.2024 Annexure A3 TRUE COPY OF BOOKING PASS Annexure A4 TRUE COPY OF BOOKING DETAILS Annexure A5 Annexure A6 TRUE COPY OF THE INVOICE NO. 17673 DATED 12.12.2024 A TRUE COPY OF THE ORDER OF THE HON’BLE JFCM COURT,II KOCHI IN CMP . NO. 2661/24 DATED 07.01.2025