IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 18835 of 2009(Y) -------------------------- PETITIONER: --------------- MUHAMMED SULFIKAR, S/O.MUHAMMED, VILANGUPURAKKAL, NEELESWARAM, KODUVALLY, KOZHIKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE SUPERINTENDENT OF POLICE, KOZHIKODE. 3. THE SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION, KOZHIKODE DISTRICT. 4. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER SRI.P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.18835 of 2009 -------------------------- Dated this the 4th August,2009 J U D G M E N T Petitioner challenges the seizure of his vehicle bearing Reg.No.KL-57/929 by the 3rd respondent, as evidenced by Ext.P1 seizure mahazar, under the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007. A reading of Ext.P1 mahazar shows that the vehicle was seized under the Kerala Anti Social Activities (Prevention) Act, 2007 on an apprehension that it could be used or will be used for the illicit transportation of sand. A Bench of this Court in WPC No.9925/2009 and connected case has declared that Section 17 of the Kerala Anti Social Activities (Prevention) Act, 2007 will not enable the seizure of the vehicle for illicit transportation of river sand. Proceedings in relation to a vehicle which is found involved in illicit transportation of river sand could be taken only under the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002. In the present case, the seizure mahazar W.P ( C) No.18835 of 2009 2 does not show that that vehicle was seized when it was found to be indulging in the act of illicit transportation of river sand. 2. In the present case, the seizure is on the apprehension that the vehicle would be used for the illicit transportation of river sand. That cannot be justified. 3. Accordingly, the seizure of the vehicle registered as per Ext.P1 seizure mahazar is declared to be illegal. The said vehicle shall be released to the petitioner on production of a copy of this judgment along with copy of the writ petition. It is made clear that this judgment will not stand in the way of respondents enforcing the provisions of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002 in relation to the petitioner's vehicle on a par with any other vehicle, in accordance with law. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.18835 of 2009 3 W.P ( C) No.18835 of 2009 4