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

The Kerala High Court recently opined that any release of vehicles involved in dumping waste into public properties should be accompanied by stringent conditions to prevent the recurrence of such offences [Suhail M A v State of Kerala & ors]. .Justice Bechu Kurian Thomas took critical note that the problem of illegal dumping or waste, particularly septic waste, has persisted in the State despite strict laws and court directives against such practices."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 July 31 order said. .The High Court recalled that a Division Bench had previously directed that vehicles dumping waste into public properties should not be released without the Court’s permission. This order was passed in a suo motu case initiated to monitor waste management in Kerala after a fire at the Brahmapuram waste plant in Kochi engulfed the city in polluting smoke and brought to the fore the poor state of garbage disposal in the State..The Court, in the present case, proceeded to remark that no party should be under the impression that vehicles found illegally dumping waste and creating health hazards may be released on easy terms"Any such easy release would tempt offenders to repeat the commission of such offences as observed ... 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 Bench added..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..The petitioner was represented by advocate Babu S Nair. Public Prosecutor Noushad KA appeared for the State..[Read Order]