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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. G. Arun, J
HAYARUNNEESA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. details of vehicle seizure and initial petition. (Para 1 , 2) |
| 2. arguments regarding conditions for vehicle release. (Para 3) |
| 3. court's reasoning and final order regarding vehicle release. (Para 4) |
ORDER
Dated this the 1st day of July, 2025 Petitioner’s vehicle bearing registration No.KL 31 M
8238 was seized by the Vallikunnam Police, alleging that it was used for transporting slaughterhouse waste. Later, the petitioner filed C.M.P. No.1331/2025 before the Judicial First Class Magistrate Court-I, Kayamkulam under Section 503 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking release of her vehicle.
2. 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.
3. Learned Public Prosecutor submitted that, if at all the vehicle is to be released, that should be on stringent conditions.
4. 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
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