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2020 DIGILAW 829 (KER)

Rajesh S/o Ajitha Kumari v. State of Kerala Rep. by Public Prosecutor, High Court of Kerala

2020-10-06

V.G.ARUN

body2020
ORDER : 1. The revision petitioner is aggrieved by the order in CMP No. 1950 of 2020 issued by the JFCM-VII (Temporary), Neyyattinkara, rejecting his petitioner's request for release of the Doozan-Bobcat Excavator belonging to his father. The machine was seized on the allegation that it was used for illegal soil excavation. The application filed under Section 457 Cr.P.C. seeking interim custody of the Excavator was rejected, primarily for the reason of non-production of the R.C particulars evidencing ownership of the vehicle and the legal heirship certificate to prove petitioner's relationship with the owner. The purchase bill of the excavator, though produced, was found insufficient to prove the ownership. 2. The learned counsel for the petitioner submits that the machine in question is a Doosan-Model-Bobcat Excavator E-32, which cannot be registered as a vehicle. It is submitted that Annexure E invoice evidencing purchase of the machine by the petitioner's father was produced before the learned Magistrate. Learned counsel relies on the decision of this court in Sales Tax Inspector vs. Ittoop, 2004 KHC 56, wherein Mechanical Pavar Finisher was held to be a machine and not a vehicle, which ought to be registered under Section 39 of the Motor Vehicles Act. 3. The learned Public Prosecutor submits, on instructions, that a Bobcat Excavator cannot be termed as a vehicle liable to be registered under the Motor Vehicles Act. 4. That being the position, the impugned order is set aside and the learned Magistrate directed to re-consider the petitioner's application afresh based on the invoices and purchase bills. The petitioner shall produce the legal heirship certificate to prove his relationship with the owner. If convinced about the petitioner's claim, the machine shall be released to the petitioner on appropriate conditions, without insisting for production of RC particulars. The order as directed above shall be issued within a period of ten days from the date of receipt of a copy of this order, subject to the petitioner producing the legal heirship certificate.