Impose strict conditions before releasing vehicles seized for dumping waste: Kerala High Court

The Court made these observations while allowing the interim release of a vehicle seized for allegedly dumping septic waste into a water body.

The petitioner’s vehicle was found dumping septic waste into a water stream, leading to the vehicle’s immediate seizure on March 18.

The petitioner filed an application for interim custody of the vehicle before the Magistrate, which was dismissed by an order. This prompted him to approach the High Court for relief.

The High Court on July 31 allowed the vehicle’s interim release, subject to various conditions including the the execution of a bond of ₹1 lakh and furnishing a bank guarantee worth ₹2 lakhs before the Jurisdictional Magistrate.

“The petitioner is alleged to have committed a serious crime of dumping septic waste into a water source, and confiscation proceedings are stated to have already been initiated … The possibility of repetition of similar offences using the vehicle also cannot be ignored. Therefore, stringent conditions ought to be imposed if the vehicle is permitted to be released.” the Court reasoned.

The Court also made it clear that the police would be free to repossess the vehicle if any similar offences are committed in future using this vehicle.

Source: Barandbench