Suo Motu Proceedings On Waste Management Doesn't Prohibit Magistrate From Releasing Vehicles Seized For Illegal Waste Dumping: Kerala High Court Clarifies

The Kerala High Court has clarified that its suo motu cognizance of the case concerning waste management doesn't bar Magistrate from exercising power under Section 497 of the Bharatiya Nyaya Suraksha Sanhita and ordering release of the vehicle seized for illegal waste dumping.

The Court was considering Revision Petition against an order of the Magistrate whereby it dismissed the Application of the Petitioner stating that there is a prohibition on the Magistrate Court from passing orders in the suo motu case.

The bench of Justice P.V. Kunhikrishnan observed, "...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....."

The Petitioner was represented by Advocate Aromalunni M.S., while the Respondent was represented by the Public Prosecutor Sri Hrithwik C S.

The Court observed that the Magistrate has not considered the matter on merit, mainly for the reason that it had held that the seizure of the vehicle shall be upon due intimation to the High Court.

"This Court in the above WP(C) observed that the first and foremost problem relates to the illegal and unauthorized dumping by bulk generators, individuals and a few four wheelers and two wheelers and therefore, illegal and unauthorized dumping by waste generators are causing problems. This Court also observed that it causes environmental degradation. Therefore, this Court observed that the seizure of vehicle as a precautionary principle preventing the degradation of environment by illegal activities is a need", it observed.

The Petition was accordingly allowed.

Cause Title: Bipin Paulson vs. State of Kerala (2025:KER:53793)

Appearances:

Petitioner- Advocate Aromalunni M.S., Advocate Binu Babukuttan, Advocate Nima Meriya, Koshi, Advocate Ananthakrishnan A., Advocate Jerin Jose, Advocate Sreekuttan M.

Respondent- Public Prosecutor Sri Hrithwik C S

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