IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 10955 of 2010(T) -------------------------- PETITIONER(S): --------------- BABU, S/O.APPUKUTTAN, "THUSHARA", FEROKE P.O., FEROKE, KOZHIKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOZHIKKODE. 2. THE SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, KOZHIKKODE DISTRICT. GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.10955/2010-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of April, 2010 J U D G M E N T The petitioner is the registered owner of a mini lorry bearing registration No.KL-07-T-6291 which was intercepted by the second respondent on the allegation of transportation of river sand illegally. Crime No.192/2010 of the Feroke Police Station was also registered. 2. It is pointed out that in the light of the fact that an offence under Section 379 of the Indian Penal Code has also been alleged, the report has to be forwarded to the learned Magistrate as provided under Section 102(3) of the Code of Criminal Procedure. 3. The learned Government Pleader on instructions submitted that a report as such has been forwarded to the learned Magistrate apart from furnishing the report of the District Collector in respect of the provisions of the Act 18 of 2001 with regard to the adjudication of the confiscation proceedings. 4. In the light of the fact that the report has already been forwarded to the learned Magistrate, no direction as such is called for in the writ petition. The W.P.(C). No.10955/2010 -:2:- writ petition is disposed of recording the submission that the report has already been forwarded to the learned Magistrate. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE