IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Crl.Rev.Pet.No. 318 of 2009() ----------------------------- CMP.97/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... REVN. PETITIONER(S): PETITIONER: -------------------------------- MANI @ VELAYUDHAN, S/O.THAMIKUTTY, VALIYAPARAMBIL HOUSE, THALAKKAD, MANGATTIRI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): RESPONDENT: -------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR MR. MUHAMMED PUZHAKKARA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR,J. ------------------------------------------------- CRL.R.P.No. 318 OF 2009 -------------------------------------------------- Dated this the 5th day of February, 2009 O R D E R Revision petitioner is challenging the order passed by Judicial First Class Magistrate, Tirur in CMP.97 of 2009 filed under section 457 of Code of Criminal Procedure for interim custody of mini lorry KL-07/G-9581 seized by Tirur police for illegal transportation of river sand. The petition was opposed by the Assistant Public Prosecutor and a report was filed stating that as the vehicle was involved in illegal transportation of river sand, proceedings were initiated under section 17 of Kerala Anti Social Activities (Prevention) Act, 2007, and therefore the vehicle cannot be granted on interim custody. Learned Magistrate, accepting the objection that the vehicle is used for illegal transportation, dismissed the application. It is challenged in the revision. 2. Learned counsel appearing for revision petitioner and learned Public Prosecutor were heard. 3. Learned counsel submitted that section 457 of Code of CRRP 318/2009 2 Criminal Procedure enables the Magistrate to grant interim custody and there is no reason not to grant interim custody on sufficient conditions. Learned Public Prosecutor on instructions submitted that though there was no previous case against this vehicle, the vehicle is being used for illegal transportation of river sand and therefore preventive action was taken and hence there is no reason to interfere with the order. 4. Even though the District Collector is entitled to proceed for confiscation of the vehicle, till the final order is passed, the Magistrate has jurisdiction to grant interim custody of the vehicle to its owner on sufficient conditions and there is no necessity to cause damage of the vehicle by keeping it exposed to the sun and rain. In such circumstances, Judicial First Class Magistrate,Tirur is directed to grant interim custody of the vehicle to the revision petitioner on the following conditions: (1) Revision petitioner shall produce materials before the Magistrate to establish his ownership. (2) Petitioner shall execute a bond for Rs.1,00,000/- with two solvent sureties for the like sum to the satisfaction of the Magistrate undertaking to CRRP 318/2009 3 produce the vehicle as and when directed and not to use the vehicle for unlawful transportation of river sand and not to transfer the vehicle without permission of the District Collector or the Magistrate and (3) on deposit of Rs.25,000/-. M. SASIDHARAN NAMBIAR, JUDGE okb