IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 Crl.Rev.Pet.No. 2105 of 2008() ------------------------------ CMP.1582/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... REVN. PETITIONER: ------------------ ABDULLA,S/O. ALAVI, PULLIYIL HOUSE MELMURI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------- THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE THIROORANGADI POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. P. RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 2105 of 2008 * * * * * * * * * * * * * * * * * * Dated: 26-06-2008 ORDER Petitioner claims to be the registered owner of a mini lorry bearing Reg. No. KL-10Z/3800 seized by the Sub Inspector of Police, Tirurangadi, along with sand. On the petitioner moving the J.F.C.M. I, Parappanangadi, by filing an application under Sec. 457 Cr.P.C. as C.M.P. No. 1582 of 2008, the learned Magistrate granted interim custody of the lorry but without the sand on certain conditions as per order dated 24-6-2008. The grievance of the petitioner is that the sand was purchased from Pollachi in Tamil Nadu and the petitioner is having valid documents showing payment of Sales Tax and tax under the K.V.A.T. Act besides purchase bill, delivery note, retail invoice etc. He, therefore, contends that the learned Magistrate should not have directed unloading of the sand before granting interim custody of the lorry and should not have insisted on cash deposit except insisting on a bond for an appropriate amount. 2. The learned Public Prosecutor submits that if the petitioner is having valid documents to show that the sand was procured from Tamil Nadu and is able to satisfy the Magistrate with regard to the same the direction to unload the sand may not be Crl.R.P. No. 2105 of 2008 -:2:- justified. 3. The petitioner is, therefore permitted to produce all the necessary documents before the Magistrate to show that the sand was validly procured from a place outside the State of Kerala where there is no pass insisted upon. In case, from the documents produced by the petitioner, the Magistrate is satisfied that the contention of the petitioner is well founded he shall not insist on unloading the sand before the release of the vehicle in question. In that event it may not be necessary to insist on cash deposit other than executing the bond amount. The petitioner may execute a bond for Rs. 5,00,000/- (Rupees five lakhs only). In case, the petitioner moves the Magistrate with all supporting documents, the Magistrate shall pass orders as expeditiously as possible at any rate within one week of the date on which the application is filed by the petitioner together with a copy of this order. Crl.R.P. is disposed of as above. Dated this the 26th day of June 2008. V. RAMKUMAR, (JUDGE) Issue photocopy. Crl.R.P. No. 2105 of 2008 -:3:- ani.