IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 Crl.Rev.Pet.No. 1400 of 2008() ------------------------------ CMP.1493/2008 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD CRIME NO. 24/2008 of KASARAGOD POLICE STATION .................... REVN. PETITIONER: ------------------ ABOOBACKER, S/O. MOHAMMED, SAYIDA MANZIL, KOYILADUKKAM, PERUMBALA P.O., KASARAGOD TALUK. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: ------------- THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 1400 of 2008 ========================== Dated this the 23rd day of May, 2008. ORDER The petitioner who claims to be the registered owner of a TATA sumo vehicle bearing registration No. KL-14-E-1775 challenges the order dated 02.04.2008 passed by the Chief Judicial Magistrate, Kasaragod dismissing his application under Section 457 Cr.P.C for interim custody of the vehicle on the ground that the confiscation proceedings have already been initiated by the D.F.O concerned. 2. Heard both sides. 3. The view taken by the court below cannot be faulted. The remedy of the petitioner is to move the appropriate authority under Section 53 of the Kerala Forest Act for interim release of the vehicle in question pending finalisation of the confiscation proceedings (vide John v. D.F.O., Kottayam (1966 (2) KLT 984) and the order dated 22.01.2008 passed by this Court in Crl.M.C. No. 42 of 2008). Accordingly, this Crl. R.P is dismissed without prejudice to the right of the petitioner to move the appropriate authority. V. RAMKUMAR, JUDGE. rv