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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SIMON P.L – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. details on vehicle seizure and allegations. (Para 1 , 2 , 6) |
| 2. arguments from both parties on interim custody. (Para 3 , 4 , 5) |
| 3. court's reasoning for granting interim custody. (Para 8) |
| 4. outcome of the petition. (Para 9) |
O R D E R Dated this the 27th day of January, 2026 The petitioner is the registered owner of a lorry bearing registration No.KL-41-C- 9973, which has been seized by the Mulavukad Police Station in Crime No.840/2025, alleging that the vehicle was used for dumping slurry in a public premises. Thus the accused has committed the offence under Section 271 of the Bharatiya Nyaya Sanhita , 2023 ( BNS ) and 120(e) of the Kerala Police Act , 2011.
2. Seeking interim custody of the vehicle, the petitioner filed Annexure A3 application before the Court of the Judicial First Class Magistrate-I, Ernakulam. Nonetheless, by Annexure A4 order, the learned Magistrate has dismissed the application, in light of the directions passed by this Court in W.P.(C) No.7844/2023. Annexure A4 order is unjust and erroneous. Hence, the Crl.M.C.
3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.
4. The learned counsel for the petitioner su
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