IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
ANTO KUNJAIPU – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner seeks vehicle release. (Para 1) |
| 2. government pleader cites applicable laws. (Para 2) |
| 3. court directs vehicle production before magistrate. (Para 3) |
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 4th respondent as per Ext.P2 F.I.R. According to the learned counsel, petitioner's vehicle was taken on hire by the 5th 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 exe
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