In a significant move aimed at combating the persistent issue of waste dumping, the Kerala High Court has decreed that vehicles seized for this offense will face stringent conditions before being released. This decision underscores the growing concern over the misuse of public properties for illegal waste disposal, particularly septic waste.
Justice Bechu Kurian Thomas highlighted the enduring problem of illegal waste dumping, despite existing regulations and court orders. He remarked, “Dumping waste, especially septic waste, into public properties, is on the rise. Engaging in such deplorable and malicious activities caters to the offenders’ commercial interests. It is imperative to impose stricter conditions, especially when releasing vehicles seized for dumping waste on public properties.”
The High Court recalled a prior directive from a Division Bench, which stipulated that vehicles caught dumping waste could not be released without the Court’s approval. This was a result of a suo motu case initiated following a significant fire at the Brahmapuram waste plant in Kochi, which exposed the state’s inadequate waste management practices.
In the present case, the Court emphasized that leniency in releasing these vehicles might embolden offenders to repeat their actions. The Bench stated, “Any easy release would entice offenders to repeat such offenses. Thus, imposing stringent conditions, such as a mandatory bank guarantee, is essential for releasing vehicles involved in waste dumping.”
This ruling came as the Court allowed the interim release of a vehicle seized for allegedly dumping septic waste into a water body. The petitioner, whose vehicle was confiscated on March 18 for dumping waste into a water stream, had his initial request for the vehicle’s interim custody dismissed, prompting him to seek relief from the High Court.
The High Court’s order on July 31 mandated various conditions, including the execution of a ₹1 lakh bond and a bank guarantee of ₹2 lakhs before the Jurisdictional Magistrate. “The petitioner is accused of a grave offense of dumping septic waste into a water source. The risk of repeating similar offenses using the same vehicle cannot be overlooked. Therefore, stringent conditions are necessary if the vehicle is to be released,” the Court reasoned.
Additionally, the Court clarified that the police retain the authority to repossess the vehicle should any similar offenses occur in the future using the same vehicle. Advocate Babu S Nair represented the petitioner, while Public Prosecutor Noushad KA appeared for the State.
