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2024 Supreme(Ker) 821

BECHU KURIAN THOMAS
SUHAIL M. A. S/O ABDUL HAMEED – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: BABU S. NAIR.
For the Respondent: NOUSHAD K.A.

Judgement Key Points

How to release a vehicle seized for dumping septic waste on interim custody with stringent conditions?

What is the requirement for bank guarantees when releasing a vehicle involved in dumping waste into public properties?

What are the conditions imposed on the petitioner for interim release of the vehicle?


ORDER :

1. Petitioner’s vehicle, bearing registration No. KL-48-R-0220 was allegedly found dumping septic waste into a water stream in a manner that pollutes the water source. The offence is alleged to have been committed on 18.03.2024 and the vehicle was seized immediately. Though petitioner filed an application for interim custody of the vehicle, the learned Magistrate by the impugned order dismissed the application. Thus this challenge under section 482 Cr.P.C.

2. I have heard Sri.Babu. S. Nair, the learned counsel for the petitioner, and Sri.Noushad. K. A, the learned Public Prosecutor.

3. In W.P.(C) No. 7844/2023, a Division Bench of this Court had directed that, as a preventive measure, vehicles dumping waste into public properties should not be released without permission from this Court.

4. In December 2023, the statutes relating to the local authorities were amended to incorporate provisions for confiscation of vehicles involved in dumping waste into public properties. Despite all these exacting provisions and directions, dumping waste, especially septic waste, into public properties, is on the rise. Indulging in such odious and nefarious activities fans the commercial interes

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