2025:KER:27535 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 CRL.MC NO. 2723 OF 2025 PETITIONER/OWNER OF THE VEHICLE: SUNEESH A AGED 38 YEARS S/O.AYYAPPAN, ATHIPARAMBATH HOUSE, KOONOLMADU, KUMMINIPARAMBA, PALLIKKAL, MALAPPURAM DISTRICT, PIN – 673638. BY ADV BABU S. NAIR RESPONDENT/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN – 682031. 2 THE STATION HOUSE OFFICER PANTHEERANKAVU POLICE STATION MALAPPURAM DISTRICT, PIN – 673019. SRI. RENJITH GEORGE, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:27535 CRL.MC NO. 2723 OF 2025 2 ORDER The petitioner’s Mini Lorry bearing Reg.No.KL-55-F- 6502 was seized alleging illegal transporation of laterite building stones in violation of the provisions of the Mines and Minerals (Development and Regulation) Act (for short ‘the MMDR Act’). The petitioner is aggrieved by the failure on the part of the 2nd respondent to report the seizure to the competent court, thereby denying his right to seek interim custody of the seized vehicle. 2. Learned Counsel for the petitioner submits that as per Section 21(4A) of the MMDR Act, the competent officer or authority is bound to report the seizure to the court, whereupon the court can confiscate or dispose of the seized article. Likewise, under Section 106(3) of the BNSS, the 2025:KER:27535 CRL.MC NO. 2723 OF 2025 3 seizing officer is duty bound to report seizure to the jurisdictional Magistrate forthwith. 3. Learned Public Prosecutor submitted that, as per Section 22 of the MMDR Act, cognizance of the offences punishable under the Act can be taken by the court only upon a complaint filed by the authorized person. 4. The arguments advanced leave no room for doubt that the 2nd respondent is bound to report the seizure to the jurisdictional Magistrate. This procedure having so far not been adopted, the Crl.MC is disposed of, with the following directions; (i) The 2nd respondent shall report seizure of petitioner’s vehicle to the jurisdictional Magistrate immediately on receipt of a copy of this order. (ii) Once seizure is reported to the Magistrate, the petitioner can seek interim custody of his vehicle. 2025:KER:27535 CRL.MC NO. 2723 OF 2025 4 (iii) If such a petition is filed, appropriate orders thereon shall be passed within two weeks. Sd/- V.G.ARUN JUDGE Sru 2025:KER:27535 CRL.MC NO. 2723 OF 2025 5 APPENDIX OF CRL.MC 2723/2025 PETITIONER’S ANNEXURES Annexure A A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OWNED BY THE PETITIONER Annexure B A TRUE COPY OF THE ORDER IN CRL.M.C.NO.2478/2025 DATED, 13-3-2025 OF THIS HON’BLE COURT