Stringent Conditions Must Be Imposed Before Releasing Vehicles Seized For Dumping Waste On Public Property: Kerala High Court

The petitioner was alleged to have committed a serious crime of dumping septic waste into a water source and his vehicle was seized. The magistrate dismissed his application for interim custody of the vehicle and appeal is preferred before the High Court.

Justice Bechu Kurian Thomas ordered thus:

“…This Court is of the view that stringent conditions in the form of at least furnishing of a bank guarantee should be imposed while directing release of vehicle dumping waste into public property.”

The Court noted that dumping waste especially septic waste into public properties has been increasing and that stringent conditions must be imposed when vehicles seized while dumping waste on public properties are directed to be released on interim custody.

The Court referred to the State of Karnataka v. K.Krishnan (2000) where it was held that interim custody of vehicles can be granted by imposing conditions like furnishing a bank guarantee on commission of serious offences under the Forest and Wild Life Act.

It further noted that in Suo Moto v State of Kerala (WPC 7844/2023), the Court laid down that vehicles dumping waste on public properties cannot be released without obtaining permission from the Court. The Court observed that despite such stringent measures are adopted, there continues to be widespread dumping of waste, particularly fecal waste, into public drains and water bodies.

It mentioned that amending the Panchayat Raj Act, 1994 to include provisions for the confiscation of vehicles involved in dumping waste on public properties is intended to act as a deterrent. In the present case, the Court noted that confiscation proceedings have already been initiated under Section 219 S against the petitioner.

The Court stated that the possibility of repeating similar offences also cannot be disregarded. It added, “Further, no party shall be under the impression that vehicle release would be possible on easy terms when such vehicle is alleged to have been involved in the commission of an offence that creates a health hazard.”

As such, the Court ordered the investigating officer to release the vehicle and imposed stringent conditions upon the petitioner like executing bond for 1 lakh rupees with two solvent sureties, bank guarantee for 2 lakh rupees among other conditions.

Counsel for Petitioner: Advocate Babu S Nair

Counsel for Respondents: Advocate Noushad K A

Citation: 2024 LiveLaw (Ker) 519

Case Title: Suhail M A v State of Kerala

Case Number: CRL.MC NO. 5297 OF 2024

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