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2019 Supreme(Online)(KER) 74743

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
LAL KUMAR
– Appellant
Versus

THE STATE OF KERALA – Respondent


Advocates:
SRI.G.RANJU MOHAN, SMT.M.SANTHI, SRI. RAMESH CHAND

ORDER

Two vehicles owned by the petitioner herein were seized by the 2nd respondent for violating the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 . The allegation is that the vehicles were used for illegal extraction and transportation of ordinary sand. The learned Magistrate by the impugned order, ordered for the release of the vehicles. The petitioner is aggrieved by condition Nos.2 and 3 of the said order.

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

3. Much reliance is placed by the learned counsel onAnfar v. State of Kerala and Another [ 2014 (4) KHC 210 ] and Ramesh Kumar v. State of Kerala and Another [ 2014 (4) KLT 146 ] to bring home her point that the conditions imposed by the learned Magistrate are onerous.

4. The learned Public Prosecutor submitted that no interference is warranted. It is submitted that the vehicles are not involved in any previous violations.

5. The learned Magistrate by the impugned order has directed the petitioner to execute a bond for a sum of Rs.35 lakhs with one solvent surety. In addition, he has been ordered to furnish cash security or bank guarantee for a sum of Rs.1

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