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2015 Supreme(Ker) 90

P.R.RAMACHANDRA MENON
Asharaf – Appellant
Versus
Station House Officer Kasargode Police Station – Respondent


Advocates Appeared:
For the Petitioner:S. Shajahan (Adoor), Advocate.
For the Respondents: K.C. Vincent, Government Pleader.

Judgment

1. Petitioner is the owner of a lorry bearing Registration No.KL-14-J-137, which was seized by the first respondent on 29.01.2015, alleging illegal transportation of river sand.

2. The learned counsel for the petitioner points out that, river sand was being transported in the vehicle, on the strength of a valid pass issued by the concerned authority and the factual position is discernible from Ext.P1 Mahazar itself. It is in the said circumstances that, the seizure is stated as illegal and arbitrary and hence the challenge.

3. Heard the learned Government Pleader as well, who points out that the time of departure mentioned in the pass was at 8 am, whereas the seizure was effected just 20Kms. Away from the concerned Kadavu at about 12.30 pm and that there is a delay of 4½ hours, which was never explained. There is absolutely no reason or explanation for the delay in the writ petition as well, and there was every reason for the Police to doubt the transaction that the petitioner was engaged in multiple transactions/transportations on the strength of the very same pass. The learned Government Pleader further submits that, a crime has already been registered and the seizure has






























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