IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 Crl.Rev.Pet.No. 618 of 2009() ----------------------------- CMP.79/2009 ON THE FILES OF THE JFCM-1, PERINTHALMANNA .................... REVN. PETITIONER(S): ---------------------------------- RAJEEV, S/O.BALAGOPALAN, MADAMBATHKARA VEETTIL HOUSE, KURUVAMBALAM.P.O., MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENT(S): ----------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KULATHUR POLICE STATION THROUGH THE PUBLIC PROSECUTOR AT HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.618 of 2009 = = = = = = = = = = = = = = Dated this the 17 th day of February, 2009 ORDER Petitioner, who claims to be the owner of a mini lorry bearing Registration No. KL10-V/4020, challenges the order dated 16.01.09 passed by the J.F.C.M-1, Perinthalmanna dismissing his application under Section 457 Cr.P.C filed as C.M.P.No.79 of 2009 for interim custody. The said vehicle was seized by the Sub Inspector of Police, Kolathur Police Station on 06.1.2009. The Magistrate dismissed the application for custody on being satisfied that the vehicle would again be engaged for illicit transportation of river sand and that proceedings have been initiated before the District Magistrate under Section 17(1) of the Kerala Anti Social Activities (Prevention) Act,2007. 2. Whether the seizure was under the provisions of the Protection of River Banks and Regulation of Removal of Sand Act, 2001 or under the Kerala Anti Social Activities (Prevention) Act,2007, the authority to be approached is the District Collector. If it is under the provisions of the Protection of River Banks and Regulation of Removal of Sand Act, 2001, then in the Crl.R.P.No.618 of 2009 2 light of the decision in Subramanian v. State of Kerala (2009 (1) KLT 77), the petitioner has got the remedy of seeking interim custody before the District Collector. If it is under the provisions of the the Kerala Anti Social Activities (Prevention) Act,2007, Section 17(3) thereof cloths power on the District Collector who is the authorised officer to pass appropriate orders for the release of the vehicle. Hence, without prejudice to the right of the petitioner to approach the District Collector, this Crl.R.P is dismissed. Dated this the 17 th day of February, 2009. V. RAMKUMAR, JUDGE sj