IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 6796 of 2010(Y) ---------------------------------------- PETITIONER(S): ------------------------- RAGESH N.P., AGED 30 YEARS, S/O.KUNHIKANNAN, RESIDING AT NADUVILVEETTIL HOUSE, CHITTADI, PALAKKODE P.O., RAMAMNKALI, KANNUR DISTRICT. BY ADV. MR.JAMES ABRAHAM (VILAYAKATTU) RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE SUB INSPECTOR OF POLICE, PAYYANNOOR, KANNUR. R1 & R2 BY PUBLIC PROSECUTOR MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.6796/2010-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of March, 2010 J U D G M E N T The petitioner herein is the registered owner and in possession of a lorry bearing Registration No.KL-11-U-622. On 23/12/2009, the said vehicle was intercepted by the Sub Inspector of Police and was seized alleging illicit transportation of river sand. It is the case of the petitioner that the sand loaded in the vehicle was imported from Mangalore. The petitioner has filed this writ petition seeking for a direction to the respondents to release the above vehicle to the petitioner. 2. Heard learned counsel for the petitioner and the learned Government Pleader. 3. The respondent is conferred with the power to consider the release of the vehicle by way of an interim measure in the light of the decision of this Court in Subramanian v. State of Kerala [2009 (1) KLT 77), after assessing various materials and on such conditions which he deems fit to impose. Therefore, if the petitioner moves the first respondent for interim custody of the vehicle, the first respondent will consider the same and pass appropriate orders within a period of seven days from the date of receipt of the application, in the light of the W.P.(C). No.6796/2010 -:2:- well settled principles laid down by this Court in various decisions and, on such terms and conditions which he deems fit to impose. The matter will be considered in accordance with law. There will be a further direction to the first respondent to pass final orders in respect of the proceedings, if any, initiated under the Act also within a period of two months from the date of receipt of a copy of this Judgment with notice to the petitioner and after considering the pleas raised by the petitioner, on merits. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms