The court established that procedural compliance requires vehicles to be produced before a Magistrate for release applications.

JUDGMENT

The short grievance of the petitioner is that his vehicle, a J.C.B, bearing no.KL-63F-6379, has been seized by the 4^th respondent as per Ext.P2 F.I.R. According to the learned counsel, petitioner's vehicle was taken on hire by the 5^th respondent and the petitioner had absolutely no clue whether the activities going on is a private land or a Government land. The petitioner has not committed any offence. Nor is there any violation of the Kerala Land Conservancy Act . On such premise, the petitioner seeks release of the vehicle.

2. Learned Government Pleader would submit that Ext.P2 F.I.R would reveal offences under Sections 3 29 (3), 303(2), read with, Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023; Section 3 (1) of the Prevention of Damage to Public Property Act , 1984, and also, under Section 7 (a) of the Kerala Land Conservancy Act , 1957.

3. Having taken note of the above-referred facts and circumstances, this Court is of the opinion that the release of the vehicle cannot be directed in exercise of the powers under Article 226 of the Constitution. The vehicle has to be produced before the Magistrate concerned going by the procedural regime. This Court directs the S.H.O Infopark Police Station, Kakkanad to produce the vehicle before the Magistrate, in accordance with law, expeditiously, at any rate, within a period of two days from today (30.01.2026). Once the vehicle is produced before the Magistrate concerned, it will be open for the petitioner to make necessary application, as per law seeking release of the vehicle. Application, if any, filed in that direction would be considered by the learned Magistrate, expeditiously, in accordance with law. To ensure compliance, this Court suo moto impleads the S.H.O, Infopark Police Station, Kakkanad as the additional 6^th respondent. Registry will carry out the impleadment. Learned Government Pleader will inform the gist of this judgment to the additional 6^th respondent for the purpose of compliance today itself.

This Writ Petition will stand disposed of, as above.

Sd/-