IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Crl.Rev.Pet.No. 2735 of 2008() ------------------------------ CMP.2390/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------- ABDUL BASHEER, AGED 33, S/O.MOHAMMED, AREEKKADAN PADIKKATHODI, RESIDING AT KOKKILATTU VEEDU, KADALUNDI AMSOM, MANNUR DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.HARISH R. MENON RESPONDENT(S)/RESPONDENT/COMPLAINANT & STATE: --------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MUKKAM POLICE STATION, MUKKAM, KOZHIKODE DISTRICT - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 2735 OF 2008 ------------------------------------------ Dated this the 23rd day of October, 2008 O R D E R This petition is filed under section 397 read with section 401 of Code of Criminal Procedure challenging the order passed by learned Judicial First Class Magistrate-II, Thamarassery for dismissing C.M.P. 2390 of 2008, a petition under section 457 of Cr.P.C. for interim custody of a vessel seized by Tahsildar, Kozhikode. Learned Magistrate dismissed the petition for the reason that District Collector has already confiscated the vessel. Learned Public Prosecutor made available a copy of the order passed by District Collector on 1.2.2008. In view of the order confiscating the vessel, I do not find any reason to interfere with the order passed by learned Magistrate. Petitioner is at liberty to challenge the order passed by District Collector in appropriate proceedings. Revision is disposed of. M. SASIDHARAN NAMBIAR, JUDGE Okb/-