Paul v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 Crl.MC.No. 7086 of 2015 () --------------------------- CMP 742/2015 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM Crl.MC 3754/2015 of THIS HON'BLE COURT ----------- PETITIONER/PETITIONER :

------------------------------------ PAUL S/O. CHUMMAR, VEVUKATTU HOUSE, MUTTINAKAM VARAPUZHA, NORTH PARAVUR TALUK, ERNAKULAM DISTRICT BY ADV. SRI.ANVER BASHEER RESPONDENT/COMPLAINANT :

------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN 31 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

Crl.MC.No. 7086 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A-1:

PHOTO COPY OF THE ORDER DATED 11-05-2015 IN CMP NO 742/2015 OF THE HON'BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT ERNAKULAM IN NO CRIME NO OF ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM DISTRICT.

ANNEXURE A-2:

PHOTO COPY OF THE ORDER DATED 30-06-2015 IN CRL M.C NO 3754/2015 OF THIS HON'BLE COURT RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.S. TO JUDGE bp

B. KEMAL PASHA, J.

................................................................ CRL.M.C. No. 7086 of 2015 ............................................................... Dated this the 17th day of November, 2015

O R D E R

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

2.

It seems that the search and seizure in this case was made in compliance with the provisions under Section 19 of the Kerala Conversation of the Paddy Land and Wetland Act, 2008. As per the said provision, an Authorised Officer not below the rank of a Village Officer or any Officer authorised by the Government in that behalf or any police officer not below the rank of a Sub Inspector of Police, can have an entry and make the search and seizure. 3.

In this case the search and seizure was effected by the Additional Sub Inspector of Police. Therefore, there

CRL.M.C.No. 7086 of 2015 -: 2 :- is no reason to press into service the provisions contained under Section 12(1) of the said Act.

4.

The seizure has been reported before the District Collector as per Section 20 of the said Act. It seems that the entire confiscation proceedings have to be initiaed and completed by the District Collector himself. In such a case, it is for the petitioner to approach the District Collector for the release of the vehicle in question. With liberty to the petitioner to have recourse to the provisions under Section 20 of the said Act, this Crl.M.C. is closed.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge