IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Crl.Rev.Pet.No. 3213 of 2008() ------------------------------ CMP.2549/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... REVN. PETITIONER: PETITIONER ------------------------------------- BASHEER, S/O.ABDUL RAHIMAN, THEKKETHIL VEEDU, KULAMBUMUKKU, VETTIKKATTIRI, CHERUTHURUTHY, THRISSUR DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS/STATE ------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.AMJAT ALI THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.3213 OF 2008 =========================== Dated this the 16th day of September,2008 ORDER Petitioner filed a petition before Judicial First Class Magistrate, Pattambi under section 457 of Code of Criminal Procedure for interim custody of tipper lorry KL-10/P-774, which is involved in illicit removal of river sand and seized by the Sub Inspector of Police, Pattambi Police Station. Petition was dismissed as per order dated 6.9.2008 on the ground that District Collector is competent to confiscate the vehicle. The order is challenged in this petition filed under section 397 and 401 of Code of Criminal Procedure. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Learned Public Prosecutor submitted that there is no objection for releasing the vehicle on condition of depositing Rs.25,000/- before the learned Magistrate. CRRP 3213/2008 2 4. In such circumstance, the order passed by the learned Magistrate in C.M.P.2549/2008 is quashed. Learned Magistrate is directed to grant interim custody of the vehicle to the petitioner on depositing Rs.25,000/- before the learned Magistrate. Criminal Revision Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006