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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
NAVAS P. – Appellant
Versus
THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM – Respondent
| Table of Content |
|---|
| 1. allegations of illegal seizure of vehicles. (Para 1) |
| 2. prior court judgment relevant to case context. (Para 2) |
| 3. arguments on distinguishability of facts. (Para 3) |
| 4. court observations on ownership and liability. (Para 4) |
| 5. court's final ruling on vehicle release. (Para 5 , 6) |
J U D G M E N T
Dated this the 1st day of April, 2026 Petitioners approached this Court alleging illegal seizure of their vehicles (Tipper lorries) in connection with Crime no.193/2026 of Areakkode Police Station. As per Ext.P2 Seizure Mahazar, the vehicles were found transporting minerals from a quarry, which was being conducted without any enabling license or permit. In Ext.P1 F.I.R, the offences alleged are under Section 288 of the Bharatiya Nyaya Sanhita, 2023 , and also under Section 4 of the Explosive Substances Act, 1908 .
2. Learned counsel for the petitioners would submit that the issue involved in this Writ Petition has already been considered by this Court in a common judgment dated 19.03.2026 in W.P.(C)No.9255/2026 and connected cases. There, it has been held that the lorries of the petitioners therein cannot be seized for the reason that an F.I.R has been booked against the own
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