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2025 Supreme(Online)(Ker) 25152

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. G. Arun, J
SHIJAS MON – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: AMEER.K.M.
For the Respondents: M.C. ASHI

ORDER Dated this the 27th day of May, 2025 Petitioner’s Goods Carrier bearing registration No.KL-07-BV-6412 was seized in connection with Crime No.57 of 2025 registered at the Eloor Police Station for the offence punishable under Section 271 of the Bharatiya Nyaya Sanhita , 2023.

2. The crime is registered on the allegation that the petitioner’s vehicle was found engaged in dumping plastic waste near NCC Camp at Container Road, Kalamassery.

3. Learned counsel for the petitioner submits that no purpose is served by detaining the petitioner's vehicle and the learned Magistrate went wrong in holding that this Court has prohibited the release of vehicles engaged in such activities.

4. Learned Public Prosecutor submitted that, if at all the vehicle is to be released, that should be on stringent conditions.

5. As held by the Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat [(2002) 10 SCC 283], it is always appropriate to release the seized vehicle, rather than detaining it, resulting in damage and deterioration of value. Therefore, even though the alleged offence is very serious, the vehicle can be released on stringent conditions.

The impugned order is hence quashed and the Cr

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