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2024 Supreme(Online)(KER) 19302

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
PRIYA.U.S – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

Petitioner’s vehicle, bearing registration No.KL-01/CD-9323, was allegedly found dumping toilet waste into a water source. The offence is alleged to have been detected and the vehicle seized on 11.05.2024. Though petitioner filed an application for grant of interim custody, the same was dismissed by Annexure-A1 order.

Thus this petition challenging the aforesaid order.

2. I have heard Sri. Sarin, the learned counsel for the petitioner as well as Smt. Sreeja.V, the learned Public Prosecutor.

3. A Division bench of this Court had in W.P.(C) No.7844/2023 directed that, as a preventive measure, vehicles dumping waste into public properties ought not to be released without getting permission from this Court.

4. In December 2023, the statute relating to the local authorities were amended to incorporate a provision for confiscation of vehicles involved in dumping waste into public properties. Despite all these stringent conditions, there is still an increase in such nefarious activities and a time has come to incorporate stringent conditions at least when vehicles seized are directed to be handed over on interim custody.

5. In the decision in State of Karnataka v. K.Krishnan (2000) 7 SCC

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