IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Crl.Rev.Pet.No. 364 of 2009() ----------------------------- CMP.6834/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... REVN. PETITIONER(S): --------------------- MUHAMMED AFSAL S/O.MOIDEEN, PATTAMMARTHODI HOUSE THIRUVAGAPPURA AMSOM, CHEMBRA DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 364 of 2009 * * * * * * * * * * * * * * * * * * Dated: 18-2-2009 ORDER Petitioner who claims to be the owner of a Mini Lorry bearing No. KL-08 AG/5553 challenges the order dated 25-11-2008 passed by the J.F.C.M., Tirur in C.M.P. No. 6834 filed by the petitioner under Sec. 457 Cr.P.C. for interim relief of the said lorry. The vehicle was seized on 2-11-2008 for the reason that it was being persistently used for illegal transportation of sand. The seizure was by the Valancherry Police under Sec. 17 of the Kerala Anti Social Activities (Prevention) Act, 2007. A report has also been sent to the District Collector, Malappuram. Such being the position, it was not permissible for the Magistrate to grant interim custody of the lorry because no crime had been registered and no seizure was also reported to the Magistrate under Sec. 102 Cr.P.C. The proper remedy of the petitioner to approach the District Collector who is the District Magistrate and authorised officer under Sec. 17 (3) of the aforesaid Act. The impugned order, therefore, does not call for any interference. This Revision is dismissed without prejudice to the right of the petitioner to move the authorised officer under Sec. 17 (3) of the said Act. Dated this the 18th day of October 2009. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ ani.