Magistrate Courts Can Order Release Of Vehicles Seized For Illegal Waste Dumping: Kerala High Court Clarifies Its Suo Motu Order Not A Bar

The Kerala High Court has clarified that it had not, in its suo motu case concerning waste management in the State, prohibited the Magistrates from releasing vehicles seized for illegal waste dumping.In the present case, the petitioner had approached the jurisdictional magistrate court for getting interim custody of a pickup van but his petition was dismissed. The magistrate stated that it cannot release vehicles used for illegal waste dumping because of an order of the High Court in its suo motu case WP(C) No. 7844/2023.Aggrieved, the petitioner came before the High Court.Justice P.V. Kunhikrishnan, who was considering the petition, observed that is no bar was imposed on the Magistrate in the suo motu case.The judge clarified that it was only observed that release of seized vehicles shall be done upon due intimation to the High Court by the District Collectors.The Court said,“…this Court observed that the release of seized vehicles shall be upon due intimation to this Court by the District Collectors. This Court has not prohibited the Magistrates concerned in releasing the vehicle in accordance with law, invoking the powers under Sec. 497 BNSS. The Magistrate is free to pass appropriate orders in accordance with law, if an application under Sec. 497 BNSS is filed.”Thus, the Court allowed the revision petition and set aside the order of the Magistrate. It also directed the Magistrate Court to pass orders in the petitioner's plea expeditiously.Also Read: Stringent Conditions Must Be Imposed Before Releasing Vehicles Seized For Dumping Waste On Public Property: Kerala High CourtCase No: Crl.Rev.Pet. No. 227/2025Case Title: Bibin Paulson v. State of KeralaCitation: 2025 LiveLaw (Ker) 450Counsel for the petitioner: Aromalunni M.S., Binu Babukuttan, Nima Meriyam Koshy, Ananthakrishnan A., Jerin Jose, Sreekuttan M.Counsel for the respondent: Senior Public Prosecutor Hrithwik C.S.Click to Read/Download OrderClick to Read/Download Order In W.P.(C) No. 7844 of 2023

Magistrate Courts Can Order Release Of Vehicles Seized For Illegal Waste Dumping: Kerala High Court Clarifies Its Suo Motu Order Not A Bar

K. Salma Jennath

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