IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Crl.Rev.Pet.No. 167 of 2008() ----------------------------- AGAINST THE ORDER DATED 16/01/2008 IN CRMP.88 & 89/2008 IN CRMP.87/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA .................... REVN. PETITIONER: ------------------ OTTAKATH PARAKKAL MUHAMMAD @ KUNHIPPA S/O.MOHAMMED, KADAMBODE, MUDIKKODE, MALAPPURAM. BY ADV. SRI.DILIP MOHAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. TAHSILDAR, TIROOR. 3. STATION HOUSE OFFICER, PANDIKKAD POLICE. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/01/2008, ALONG WITH CRRP.168/08 & 169/08 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` Crl. R.P. Nos. 167, 168 and 169 OF 2008 ```````````````````````````````````````````````````` Dated this the 29th day of January, 2008 O R D E R The vehicles belonging to the petitioners have been seized by the revenue officials invoking their powers under the Kerala Protection of River Banks and Regulations of Removal of Sand Act, 2001. No crime has been registered in respect of such seizure. The seizure is by the revenue officials, it is submitted. The petitioners applied before the learned Magistrate having territorial jurisdiction under section 457 Cr.P.C. for a direction to release the vehicles to them subject to appropriate conditions. The learned Magistrate, following the decision in Abdul Samad Vs. State of Kerala [2007 (4) KLT 473], took the view that the court has no jurisdiction and no orders under Section 457 Cr.P.C. can be passed. 2. The petitioners claim to be aggrieved by the Crl.R.P.No.167/08 & connected cases : 2 : impugned orders. In the light of the decision in Abdul Samad Vs. State of Kerala [2007 (4) KLT 473], the grievance of the petitioners is not justified. The learned Magistrate had rightly rejected the applications under Section 457 Cr.P.C. The petitioner's relief must be sought from the authorities under the Kerala Protection of River Banks and Regulations of Removal of Sand Act. 3. With the above observations, these revision petitions are dismissed. (R.BASANT, JUDGE) aks