The court clarified that a magistrate may pass orders under Section 497 while considering the merits apart from prior directives related to environmental concerns.

ORDER

This revision is filed against the order dated 15.1.2025 in CMP No. 23/2025 in Crime No. 1196/2024 of Kollengode Police Station passed by the Judicial First Class Magistrate-I, Chittur. The petitioner filed an application under Sec. 497 of BNSS for getting interim custody of a pickup van bearing regn. No. KL 64 H 5087. The same is dismissed by the learned Magistrate stating that there is prohibition to Magistrate Court from passing orders in the suo motu WP(C) No. 7844/2023 from this Court. Aggrieved by the same, this revision is filed.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. When this revision came up for consideration on 20.06.2025, this Court passed the following order :

“The counsel for the petitioner submitted that an application of the petitioner under Section 451 Cr.P.C. is not entertained because of an order passed in a suo motu proceedings of this Court in W.P.C. No.7844/2023. The counsel also submitted that the order passed in that case is not applicable to the facts of this case.

If that is the case, I am of the considered opinion that this revision petition is to be decided along with W.P.C. No.7844/2023 so that the Bench concerned can decide the matter in accordance with law. Therefore, Registry will place the matter before the Hon'ble the Chief Justice.”

4. Now, the Hon'ble Chief Justice passed an order on administrative side to the effect that Crl.RP No. 227/2025 need not be tagged with WP(C) No. 7844/2023 and it can be heard by this Court. Hence, this revision was posted before this Court again.

5. This Court perused Annexure-A3 order. It will be better to extract the relevant portion of Annexure-A3 order.

“7. As per the order of Hon'ble High Court in suo moto WP(C) No. 7844/2023 our Hon'ble High Court has held that the first and foremost problem relates to the illegal and unauthorised dumping by bulk generators, individuals and a few four wheeler and two-wheelers. The illegal and unauthorised dumping by a few waste generators are causing much problem. It causes environmental degradation or becoming a breeding ground of diseases. So the seizure of the vehicles as a precautionary principle of preventing the degradation of the environment by these illegal activities is a need and it was directed that the release of the vehicle seized shall be upon due intimation to the Hon'ble High Court by the respective District Collectors. So as per the above said decision the vehicles used for illegal and unauthorised dumping of waste cannot be released on interim custody by this court and hence this petition is liable to be dismissed and I do so.”

6. A perusal of the order would show that the learned Magistrate has not considered the matter on merit mainly for the reason that this Court in the suo motu WP(C) No. 7844/2023 held that the seizure of vehicle shall be upon due intimation to the High Court. This Court in the above WP(C) observed that the first and foremost problem relates to the illegal and unauthorized dumping by bulk generators, individuals and a few four wheelers and two wheelers and therefore, illegal and unauthorized dumping by waste generators are causing problems. This Court also observed that it causes environmental degradation. Therefore, this Court observed that the seizure of vehicle as a precautionary principle preventing the degradation of environment by illegal activities is a need. Hence, this Court observed that the release of seized vehicles shall be upon due intimation to this Court by the District Collectors. This Court has not prohibited the Magistrates concerned in releasing the vehicle in accordance with law, invoking the powers under Sec. 497 BNSS. The Magistrate is free to pas