IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Crl.MC.No. 878 of 2010(D) ------------------------------------ (CRL.M.C. NO. 134/2010 OF SESSIONS COURT, MANJERI) .......... PETITIONER: ------------------- SHIHABUDEEN, AGED 22 YEARS, S/O. UNNI MUHAMMED, PARAKKAL HOUSE, KOOTHUPARAMBU, MAITHRA P.O., AREEKKODE, MALAPPURAM. BY ADV. MR. P.M.HABEEB. RESPONDENT: ---------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.44 OF 2010 OF AREEKKODE POLCE STATION). BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.878 OF 2010 --------------------------------------------- Dated 8th April 2010 O R D E R Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure A2 notice issued by Sub Inspector of Police, Areekkode directing petitioner to produce Tipper lorry No.KL-10/T-2522. Case of the petitioner is that the lorry is not liable to be seized under the Protection of River Banks and Regulation of Removal of Sand Act and therefore, Annexure A2 notice is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioner submitted that petitioner Crmc 878/10 2 is prepared to produce the vehicle as directed in Annexure A2 order. But it is to be released to the petitioner. 4. Learned Public Prosecutor submitted that Sub Inspector of Police on production of the vehicle is bound to produce it before the District Collector and petitioner is entitled to apply for interim custody before the District Collector. 5. I find no reason to quash Annexure A2 order. If the lorry is produced before the Sub Inspector, he has to act in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.