Scooter seizure under Section 23 of the Kerala Act deemed inappropriate as per its provisions.

JUDGMENT

The petitioner approached this Court aggrieved by the seizure of a Scooter under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 . Learned counsel would submit that a Scooter will not come within the purview of , only on an allegation that instructions were given by the 2^nd accused, sitting in the Scooter.

2. Having heard the learned counsel for the petitioner and the learned Government Pleader, this Court finds substance in the submission made by the learned counsel for the petitioner. A perusal of Ext.P1 F.I.R would indicate the facts as follows:-

On 26/3/2025, at 03.15 hours, a tipper lorry bearing No. KL 13 AT 5607 was found parked in the banks of the river, and a person was found sitting in a Scooter giving instructions. The lorry was parked for transportation of sand without any authorizing document, is the allegation levelled. The offence alleged is under Section 305(e) of the Bhartiya Nyaya Sanhita, 2023, and also, under Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 . 3. It could be seen that the solitary allegation pertaining to the use of Scooter is that, instructions have been given by the 2^nd accused to the 1^st accused for illegal transportation of sand, sitting in the Scooter. Section 23 contemplates the seizure of a vehicle or other article “used or intended to be used for the removal of sand from any kadavu or transportation thereof without complying the provisions of the Act”.

4. Having regard to the attendant facts, the Scooter, as also, the way in which it is alleged to have been used, cannot attract the requirements of Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 .

5. In the circumstances, there will be a direction to the 1^st respondent to release the Scooter of the petitioner, after verifying the records. This direction shall be complied forthwith, upon production of a copy of this judgment before the 1^st respondent.

This Writ Petition will stand allowed as indicated above.

Sd/-