Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 6250

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
SHIHABUDHEEN PATHIKKAL – Appellant
Versus
THE INSPECTOR OF POLICE, TIRUR POLICE STATION – Respondent
WP(C) NO. 1701 OF 2026

Advocates:
For the Appellants/Petitioners: SRI.IRFAN ZIRAJ, SRI.P.M.ZIRAJ
For the Respondents: SMT.VIDHYA A.C.

Compliance with reporting seizure to Magistrate under B.N.S.S mandated by law.

Headnote:The petitioner challenges the seizure of tipper lorry by the police under the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules 2026, claiming non-compliance with Section 106(3) of the Bharatiya Nagarik Suraksha Sanhita ('B.N.S.S'). The Court directs the police to report the seizure to the Magistrate within 2 days. The petition was disposed of based on this direction.

Table of Content
1. challenge to vehicle seizure under minerals law (Para 1)
2. court's directive on compliance with legal reporting (Para 2)

JUDGMENT

Petitioner is aggrieved by the seizure of the tipper lorry bearing registration no.KL-55AK-8790, by the 1^st respondent on 11.01.2026, alleging violation of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules. Petitioner seeks compliance of Section 106 (3) of the Bharatiya Nagarik Suraksha Sanhita (for short, 'B.N.S.S') to report seizure before the jurisdictional Magistrate.

2. Having heard the learned counsel for the petitioner and the learned Government Pleader, this Court directs the 1^st respondent to report the seizure before the juridictional Magistrate in terms of Section 106 (3) of the B.N.S.S, within a period of two days from today (30.01.2026). Petitioner's application for release of the vehicle, if any, filed before the learned Magistrate will be considered, expeditiously.

This Writ Petition will stand disposed of, as above.

Sd/-

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