Easy Release Would Tempt Offenders To Repeat: Kerala HC Imposes Stringent Conditions For Release Of Vehicle Seized For Dumping Septic Waste Into Water Source
|The Kerala High Court has imposed stringent conditions in the form of a bank guarantee of Rs. 1 lakh on the release of a vehicle dumping septic waste into a water source.
While imposing such conditions upon the release of the vehicle, the Court noted that “easy release would tempt offenders to repeat” the commission of such offences.
A Single Bench of Justice Bechu Kurian Thomas observed, “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 under Section 219S of the Kerala Panchayat Raj Act, 1994. 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.”
Advocate Babu S. Nair appeared for the petitioner, while PP Noushad K.A. represented the respondents.
The petitioner’s vehicle was allegedly caught dumping septic waste into a water stream in a manner that pollutes the water source. After the Police seized the vehicle, the petitioner's request for interim custody of the vehicle was denied by the Magistrate. The petitioner challenged this decision under Section 482 of the Cr.P.C.
The Court reiterated the decision of the Division Bench of the High Court in a Suo Motu Writ Petition wherein it was directed that, as a preventive measure, vehicles dumping waste into public properties should not be released without permission from this Court.
The Bench stated that the statutes relating to the local authorities were amended to incorporate provisions for the confiscation of vehicles involved in dumping waste into public properties.
“Despite all these exacting provisions and directions, dumping waste, especially septic waste, into public properties, is on the rise. Indulging in such odious and nefarious activities fans the commercial interests of the perpetrators. A time has come to incorporate further stringent conditions, at least when vehicles seized while dumping waste on public properties are directed to be released on interim custody,” the Court remarked.
The Bench reiterated the Supreme Court’s decision in State of Karnataka v. K.Krishnan (2000) wherein the Court held that in serious offences committed under the Forest and Wild Life Act, interim custody of vehicles can be granted by imposing conditions like furnishing a bank guarantee.
Consequently, the High Court too was 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 set aside the impugned order under challenge and imposed stringent conditions upon the release of the vehicle of the petitioner observing that “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.”
Accordingly, the High Court allowed the petition.
Cause Title: Suhail M.A. v. State Of Kerala & Ors. (Neutral Citation: 2024:KER:60956)