C.S.DIAS, J.

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Crl. M.C No. 923 of 2026 -----------------------------------------

Dated this the 24^th day of February, 2026

ORDER

The petitioner is the registered owner of a goods vehicle bearing registration no. KL-21-C-6644. The vehicle was seized by the Chakarakallu Police Station in Crime No. 754/2025, alleging that the vehicle was used for committing the offences punishable under Section

271 of the Bharatiya Nyaya Sanhita (‘ BNS ’, in short).

2. The petitioner filed an application under Section 497 of the BNSS before the Court of the Judicial First Class Magistrate – III, Kannur, (‘learned Magistrate’, in short) seeking interim custody of the vehicle. However, by Annexure 3 order, the learned Magistrate dismissed the application on the ground that the vehicle was used to dump toilet and sewage waste in public water bodies. Subsequently, petitioner filed a fresh application for an identical relief, which has also been dismissed by the learned Magistrate as per Annexure A4. Annexures A3 and A4 orders, are erroneous and unsustainable in law. Hence, the Crl.M.C.

3. I have heard the learned counsel for the petitioner and the learned Public Pros