ASWATHYMOL.S v. STATE OF KERALA

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 STATION HOUSE OFFICER, NOORNADU POLICE STATION, ALAPPUZHA DISTRICT, PIN – 690 504 SMT. SREEJA V., PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

12.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 3029 OF 2024 2 BECHU KURIAN THOMAS, J. --------------------------------------- Crl.M.C.No.3029 of 2024 --------------------------------------- Dated this the 12th day of April, 2024 ORDER This petition is filed under Section 482 of the Cr.P.C.

Petitioner’s vehicle bearing registration No.KL-56-F-6993 tanker lorry, was found dumping septic tank waste into the Kallada irrigation project canal on 24.02.2024. The offences alleged against the petitioner are under Sections 269 and 278 of the Indian Penal Code, 1860 and Section 120(e) of the Kerala Police Act, 2011 and Section 219N of the Kerala Panchayath Raj Act, 1994. Subsequently, her application for interim custody of the vehicle was dismissed by the impugned order dated 16.03.2024. Petitioner challenges the said order.

I have heard Sri. Santhosh P.Poduval, the learned counsel for the petitioner as well as Sri.M.C.Ashi, the learned Public Prosecutor.

The learned Public Prosecutor, submitted that the seizure of the vehicle has been effected after noticing the commission of offence on

24.02.2024.

Since the petitioner’s vehicle has been under custody from

24.02.2024, having regard to the observations of the Supreme Court in Sunderbhai Ambalal Desai. V. State of Gujarat [2002(10) SCC 283], the vehicle can be released to the petitioner on appropriate conditions. CRL.MC NO. 3029 OF 2024 3

After the amendments were effected to the Kerala Panchayat Raj and Kerala Municipalities Act, provisions have been incorporated for confiscation of vehicles that are found to be dumping waste into public property. Petitioner is alleged to have dumped septic tank waste into the Kallada irrigation project canal, which is a main irrigation canal in Kerala, conditions are to be imposed. The heinous act alleged against the petitioner requires stringent conditions to be imposed, to prevent recurrence of such offences.

In the decision in State of Karnataka vs. K.Krishnan [(2000) 7 SCC 80], the Supreme Court had observed that, in forest and wild life offences, vehicles need not be released as a matter of course, and stringent conditions, including conditions to furnish bank guarantee ought to be imposed.

Discharging waste into public property requires to be dealt with stringently. Therefore, taking into account the principle laid down in K.Krishnan’s case (supra), this Court is of the view that a bank guarantee ought to be furnished by the petitioner.

Accordingly, the impugned order dated 16.03.2024 is hereby set aside. The Judicial First Class Magistrate Court-II, Mavelikara, is directed to release the vehicle bearing Registration No.KL-56-F-6993 to the registered owner of the vehicle on the following conditions :- i. Petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like sum to the CRL.MC NO. 3029 OF 2024 4 satisfaction of the Magistrate Court undertaking to produce the vehicle as and when required. ii. Petitioner shall furnish a bank guarantee for a value of Rs.2,00,000/-(Rupees Two Lakhs only), which shall be kept alive until conclusion of trial. iii. Petitioner shall also undertake not to sell, transfer, assign or lease the vehicle to any person until disposal of the case. iv. Petitioner shall not commit any similar offence in the future, and in case such an offence is found to have been committed by the petitioner, the Police Authorities will be free to re-possess the vehicle. The Crl.M.C. is disposed of. RKM Sd/- BECHU KURIAN THOMAS, JUDGE CRL.MC NO. 3029 OF 2024 5 APPENDIX OF CRL.MC 3029/2024 PETITIONER'S ANNEXURES : Annexure -1 Annexure -2 THE COPY OF FIR WITH FIS IN CRIME NO.258/2024 OF NOORANAD POLICE STATION THE COPY OF ORDER IN CRLM.P NO.1203/2024 ON THE FILE OF JFMC-II MAVELIKKARA DATED 16.03.2024