Police lacks automatic seizure power for minor mineral violations; authority must adjudicate custody promptly after hearing.

JUDGMENT

The petitioner is the owner of the vehicle Swaraj Mazda Tipper Lorry bearing registration No.KL-31C-3177. On 21.05.2025, the Sub Inspector of Police deputed by the 2^nd respondent seized the petitioner’s vehicle from the roadside, alleging illegal transportation of ordinary earth. Though the petitioner produced Ext.P2 permit for verification, the vehicle was not released. The petitioner has, therefore, filed this writ petition for the following reliefs :

“(i)Declare that the Sub Inspector of Police deputed by the 2^nd respondent has no power to seize the petitioner’s vehicle under the circumstances delineated under Section 12 (c) of the Act.

(ii) Issue a Writ of Mandamus or any other writ, order or directions directing the 1^st and 2^nd respondents to release the petitioner’s vehicle to the custody of the petitioner on such conditions as this Hon’ble Court deems fit in the facts and circumstances of the case.”

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. When the writ petition came up for consideration today, the learned Government Pleader submitted that the 1^st respondent will pass orders regarding the custody of the vehicle, pursuant to the seizure, within a period of two weeks, after hearing the petitioner.

4. Recording the said submission, this writ petition is disposed of. There will be a direction to the 1^st respondent to pass further orders pursuant to the seizure of the petitioner’s vehicle, including the release of the custody of the vehicle, within a period of two weeks from the date of receipt of a certified copy of this judgment.