The court emphasized the need for judicial discretion in interim custody matters, highlighting environmental considerations while safeguarding legal rights.

O R D E R

This Revision Petition is filed against the order dated

26.06.2024 in CMP No.1997/2024 (Crime No.434/2024 of Kareelakulangara Police Station) by the Judicial First Class Magistrate Court-II, Harippad. It was an application filed by the petitioner under Section 451 Cr.PC for interim custody of a vehicle bearing registration No.KL-32-U-0863 involved in crime No.434/2024 of Kareelakulangara Police Station. The above case is registered alleging offences punishable under Sections 269 and 178 of IPC and also under Section 120 (b) of the Kerala Police Act .

2. The learned Magistrate dismissed that application mainly because of an interim order passed by this Court in suo moto WP(C) No.7844/2023. Aggrieved by the same, this revision petition is filed.

3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

4. This Court in a similar situation, passed an order on 16.07.2025 in Crl.RP No.227/2025. It will be better to extract the relevant portion of the above order:

“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 deg