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2023 Supreme(Online)(KER) 4739

HIGH COURT OF KERALA
N. NAGARESH, J
AMEER P.A – Appellant
Versus
DISTRICT COLLECTOR – Respondent


Advocates:
K.I.SAGEER MUHAMMED YASIL, SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER

J U D G M E N T

------------------------ Dated this the 18th day of January, 2023 The petitioner states that he is the owner of a Tipper Lorry bearing registration No.KL-23D-5035. The petitioner's vehicle was seized by the 2nd respondent-Station House Officer alleging that on 04.09.2021 the vehicle was found transporting two sacks of river sand. It was also alleged that the petitioner has committed offence punishable under Section 379 IPC read with Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act .

2. The petitioner states that the petitioner's vehicle was not involved in any offence whatsoever. The two sacks of river sand were placed by the Police to frame the petitioner, alleges the petitioner. Since the vehicle was seized by the Station House Officer and since it now stands exposed to sun and rain, the petitioner will be put to financial loss as the vehicle is getting damaged day by day. The petitioner submitted Ext.P4 representation dated 02.01.2023 seeking to release the vehicle, which was of no avail. Therefore, the petitioner seeks to direct the 3rd respondent to release the vehicle to the petitioner.

3. Senior Government Pleade

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