ORDER

Petitioner challenges the proceedings in Annexure-A4 dated

24.08.2023 in C.C. No.317/2023, keeping in abeyance the order dated

12.06.2023 in C.M.P. No.1889/2023.

2. Petitioner’s vehicle bearing Registration No.KL 07 BL-7597 was allegedly found to be carrying plastic waste materials intended to be dumped on a public property and the same was seized on 30.05.2023. Pursuant to the application filed under Section 451 Cr.P.C, the learned Magistrate directed the vehicle to be released to the petitioner on interim custody on conditions. However, thereafter, on the basis of the submission of the learned Public Prosecutor that the order is being challenged and in view of the observation of this Court in W.P.(C).No.7844/2023 dated 07.07.2023, the order was kept in abeyance for further clarification.

3. I have heard Sri. Arjun S, the learned counsel for the petitioner and Sri. Noushad K A, the learned Public Prosecutor.

4. In W.P.(C).No.7844/2023, a Division Bench of this Court had directed that the vehicles seized for dumping waste on public properties shall not be released without intimation to this Court considering the large- scale unauthorised disposal of waste on public property. The said direction was issued as a measure of preventing unauthorised dumping of waste. The learned Magistrate while issuing the order, however, directed release of the vehicle without bearing in mind the above direction, though there is a reference in paragraph 4 of the order dated 12.06.2023. Therefore, the order keeping in abeyance, the direction of release on noticing that the direction in W.P.(C).No.7844/2023 had not been complied with cannot be faulted.

5. However, having regard to the circumstance that petitioner’s vehicle has been under custody from 30.05.2023, I am of the view that, further detention of the said vehicle would be opposed to law.

6. Accordingly there will be a direction to the Judicial First Class Magistrate Court-IX (Temporary), to release the vehicle as ordered in Annexure-A2 in compliance with the conditions stipulated therein. In this context, it is apposite to notice that petitioner has sought for a modification of the conditions imposed by the learned Magistrate and has requested for permission to execute a bank guarantee in lieu of the bond for releasing the vehicle. It is clarified that the learned Magistrate will be at liberty to consider the said application and issue appropriate modifications in the circumstances of the case, in accordance with law, without further delay.

Crl.M.C. is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE

Jka/23.01.24.

APPENDIX OF CRL.MC 145/2024 PETITIONER’S ANNEXURES Annexure A1 A TRUE COPY OF THE FIR IN CR.NO.666/2023 OF CHERANALLOOR POLICE STATION DTD

30.05.2023.

Annexure A2 CERTIFIED COPY OF THE ORDER OF THE HON'BLE JFCM-IX COURT, ERNAKULAM DTD 12.06.2023 IN CMP.NO.1889/2023 IN CR.NO.666/2023 OF CHERANALLOOR PS.

Annexure A3 A TRUE COPY OF THE APPLICATION IN CMP.NO.1889/2023 IN CR.NO.666/2023 OF CHERANALLOOR PS DTD 02.08.2023.

Annexure A4 CERTIFIED COPY OF THE PROCEEDINGS OF THE HON'BLE JFCM-IX COURT IN CC.NO.317/2023 IN CR.NO.666/2023 OF CHERANALLOOR PS DTD

24.08.2023.