IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 37058 of 2009(B) -------------------------- PETITIONER(S): --------------- BASHEER, S/O.BEERANKOYA, KUZHIYAMPADAM HOUSE, KARUVANTHURUTHI, KOZHIKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, KOZHIKODE DISTRICT. BY G.P. SHRI P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 37058 of 2009-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of January, 2010. JUDGMENT The petitioner herein is the owner of a mini lorry bearing registration No.KL-11U/5106. It is the case of the petitioner that the second respondent Sub Inspector intercepted the vehicle on 9.12.2009 on the allegation that the petitioner had transported river sand without a valid permit. The second respondent, on seizure, registered a crime as Crime No.556/2009 of Nallalam Police Station, alleging offence under Section 379 I.P.C. on the ground that the petitioner had committed theft in respect of the sand. The petitioner had already moved for anticipatory bail and it is now reported that the same has been closed also. In this writ petition, the petitioner seeks for a direction to the respondents to release the vehicle forthwith by way of interim custody. Learned Govt. Pleader on instructions, submitted that the fact of seizure was reported to the learned Judicial First Class Magistrate - V, Kozhikode. In that view of the matter, no further orders are called for in this writ petition. Shri Babu S. Nair, learned counsel for the petitioner sought for wpc 37058/09 2 permission to move the learned Magistrate to seek for interim custody of the vehicle. A permission as such is not necessary for the matter. Since the registration of the crime has already been reported to the competent Magistrate, it is up to the petitioner to invoke the remedies available under the Code of Criminal Procedure. The writ petition is closed with the above observations. No costs. (T.R. Ramachandran Nair, Judge.) kav/