Kerala High Court Grants Interim Custody of Tanker Lorry Seized for Illegal Waste Disposal - 2025-04-19

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Kerala High Court Orders Interim Release of Lorry Seized in Night Soil Dumping Case

Ernakulam, Kerala - The Kerala High Court has directed the release of a tanker lorry that was seized by the Mararikulam Police for allegedly being used in an attempt to illegally dispose of night soil. Justice V.G. Arun , presiding over the matter on December 2nd, 2024, quashed the lower court's order that had denied interim custody of the vehicle to its owner, Sreejith Thampi .

Background of the Case

The Mararikulam Police registered Crime No. 712/2024 against Sreejith Thampi under Sections 271 and 280 read with Section 62 of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 120(e) of the Kerala Police Act, 2011. The prosecution alleged that Mr. Thampi attempted to discharge night soil from his tanker lorry by the side of the National Highway. Following the seizure of the vehicle on July 25th, 2024, Mr. Thampi 's application for interim custody was dismissed by the Judicial Magistrate of First Class - II (Mobile), Alappuzha. This led Mr. Thampi to approach the High Court seeking relief.

Petitioner's Arguments for Interim Custody

Advocates representing Mr. Thampi argued before the High Court that the seized vehicle had been lying idle in the police station premises since July, exposed to the elements. They contended that keeping the vehicle unused serves no purpose and that Mr. Thampi was willing to abide by any conditions imposed by the court for its release.

State's Stance and Public Prosecutor's Submission

The State, represented by the Public Prosecutor, acknowledged the petitioner's request but emphasized the seriousness of the alleged offences. The Public Prosecutor argued that if the vehicle were to be released, it should be subject to stringent conditions to prevent any misuse and ensure the integrity of the investigation.

High Court's Decision and Conditions for Release

After considering the submissions from both sides, Justice V.G. Arun ruled in favor of the petitioner. The High Court set aside the order of the Magistrate Court and directed the interim release of the tanker lorry, bearing registration number KL 59 D 0395, to Mr. Thampi .

However, the release is subject to several conditions to safeguard the interests of justice and ensure the petitioner's compliance. These conditions include:

Bond and Surety : Mr. Thampi must execute a bond for ₹5,00,000 (Rupees five lakh only) with two solvent sureties for the same amount each.

Bank Guarantee: A Bank Guarantee of ₹1,50,000 (Rupees One Lakh Fifty Thousand only) must be furnished before the Jurisdictional Magistrate.

Document Submission: Notarized copies of the vehicle's registration certificate and other relevant documents must be submitted.

Vehicle Integrity: Mr. Thampi is prohibited from modifying, altering, or selling the vehicle while the case is pending.

Production of Vehicle: The vehicle must be produced before the investigating officer or the court whenever directed.

Future Offences: Mr. Thampi is restrained from committing similar offences in the future. The order explicitly states that any future offences will empower the police to repossess the vehicle and encash the Bank Guarantee.

Conclusion

The Kerala High Court's decision balances the need to prevent the vehicle from becoming unusable while ensuring that the investigation into the alleged offence can proceed effectively. The stringent conditions imposed upon the release of the vehicle aim to deter any further unlawful activities and secure the vehicle's availability for the ongoing legal proceedings. This order highlights the court's approach in granting interim custody of vehicles seized in criminal cases, emphasizing both the preservation of property and the enforcement of law.