2025:KER:26689 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 CRL.MC NO. 1965 OF 2025 AGAINST THE ORDER/JUDGMENT DATED 06.02.2025 IN CMP NO.7066 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,NADAPURAM PETITIONER/PETITIONER/R C OWNER: MAMMOOTTY AGED 55 YEARS S/O. KUNJALI, AGED 55 YEARS, VANIYAM VEETTIL (H), VISHNUMANGALAM, AMSOM DESOM, VATAKARA TALUK, P.O. KALLACHI., PIN - 673101 BY ADVS. SHARAN SHAHIER RHEA SHERRY TREESA SHAJI ANGELINA JOY ADITHYAN C. AQEEL MUHAMMED K.H. SONA BENNY RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 DIRECTOR MINING AND GEOLOGY DEPARTMENT ,DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM -KERALA, INDIA. EMAIL: DIRECTOR.DIR.DMG@KERALA.GOV.IN, PIN - 695004 SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:26689 Crl.M.C.No.1965 of 2025 2 ORDER Dated this the 25th day of March, 2025 Petitioner is the registered owner of a 3DX2WD Side Shift Excavator (JCB) bearing registration No.KL-12-F-8432 seized by the Nadapuram Police on 20.11.2024, alleging illegal mining of ordinary earth. The vehicle was thereafter handed over to the Mining and Geology Department and kept in the premises of the Nadapuram Police Station. Petitioner, therefore, filed an application seeking interim custody of the vehicle, which the jurisdictional Magistrate allowed subject to conditions. This Crl.M.C is filed aggrieved by condition No.(ii), requiring the petitioner to deposit Rs.4,00,000/-, being the market 2025:KER:26689 Crl.M.C.No.1965 of 2025 3 value of the vehicle, as cash security or bank guarantee. 2. Learned Counsel for the petitioner contends that the vehicle was seized on suspicion that it was being used for illegal mining of ordinary earth. It is pointed out that that even as on date, no complaint, as envisaged under Section 22 of the Mines and Minerals (Development and Regulation) Act, is filed. 3. Learned Public Prosecutor submits that the specific allegation is that the vehicle was involved in illegal mining of ordinary earth. 4. As the court below was also convinced that the vehicle ought to be released to the petitioner’s custody, the only question is whether, having reached such conclusion, an onerous condition of deposit of value of the vehicle in cash or as bank guarantee could 2025:KER:26689 Crl.M.C.No.1965 of 2025 4 have been imposed. On consideration of the facts and circumstances, I am of the opinion that deposit of 30% of the value of the vehicle, as was directed by the Full Bench in Shan v. State of Kerala [2010 SCC Online Ker 1949], will meet the ends of justice. The Crl.M.C is accordingly disposed of by modifying condition No.(ii) in Annexure 1 order as under: “The petitioner shall deposit 30% of value of the vehicle (30% of Rs.4 Lakhs) in cash or as bank guarantee before the court below at the time of execution of the bond.” Sd/- V.G.ARUN JUDGE SSK/25/03 2025:KER:26689 Crl.M.C.No.1965 of 2025 5 APPENDIX OF CRL.MC 1965/2025 PETITIONER ANNEXURES Annexure 1 THE CERTIFIED COPY OF THE CMP 7066/2024 DATED 6TH FEBRUARY 2025 PASSED BY THE JFMC NADAPURAM RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE