IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Crl.Rev.Pet.No. 570 of 2009() ----------------------------- CMP.67/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PONNANI .................... REVN. PETITIONER/PETITIONER: ------------------------------------ PRAKASAN, S/O.NANU, KUTTIKKATTIL HOUSE, KANJIRAMUKKU AMSOM DESOM, PONANI TALUK, MALAPPURAM DIST. BY ADV. MR.C.M.MOHAMMED IQUABAL RESPONDENT/RESPONDENT:- --------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 570 of 2009 ========================== Dated this the 16th day of February, 2009. ORDER The petitioner who claims to be the owner and driver of a mini lorry bearing registration No. KL-10/Q-3959, challenges the order dated 31.01.2009 passed by the Judicial First Class Magistrate, Ponnani in C.M.P. No. 67 of 2009 as per which the petitioner's application for interim custody filed under Section 457 Cr.P.C has been rejected by the learned Magistrate. 2. The lorry was seized by the Sub Inspector of Police, Ponnani under Section 17 of the Kerala Anti-social Activities (Prevention) Act, 2007 alleging illicit transportation of river sand. There is no crime registered nor any report submitted before the Magistrate. The Sub Inspector has allegedly filed a report before the District Collector for taking action under Section 17(3) of the said Act as per which the Government or the authorised officer who is the District Magistrate, is given powers for disposal of anything seized under Section 17 by destruction, confiscation or in such a manner as they may direct. If so, it is for the Crl.R.P. No. 570/2009 : 2 : authorised officer to pass appropriate orders with regard to the lorry in question. In the absence of a report to the Magistrate or the registration of a crime, the learned Magistrate was justified in rejecting the said petition. This petition is accordingly dismissed without prejudice to the right of the petitioner to move the authorised officer for appropriate reliefs. Dated this the 16th day of February, 2009. V. RAMKUMAR, JUDGE. rv Crl.R.P. No. 570/2009 : 3 :