IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 Crl.Rev.Pet.No. 1962 of 2008() ------------------------------ CMP.782/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAPPANA REVN. PETITIONER: PETITIONER ---------------------------- JOSEPH KURIAN @ JOY . S/O.KURIAN PUTHENPURACKAL, PALLIKKAVALA KANCHIYAR, AYYAPPANCOIL VILLAGE, BY ADV. SRI.P.V.ELIAS RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 1962 of 2008 * * * * * * * * * * * * * * * * * * Dated: 17th July 2008 ORDER Petitioner who is the 3rd accused in Crime No. 200 of 2008 of Kattappana Police Station for an offence punishable under Sec. 55(a) of the Abkari Act, involving an autorikshaw bearing Reg. No. KL-37- 1675 of which the petitioner claims to be the owner filed C.M.P. 782 of 2008 before the J.F.C.M., Kattappana under Sec. 457 Cr.P.C. seeking interim release of the vehicle . The learned Magistrate dismissed the application on 24-3-2008 holding inter alia that the vehicle is before the Forest Officer for the purpose of confiscation. It is the said order which is assailed in this Revision. 2. The remedy of the petitioner is to move the authorised officer under R. 4(2) of the Kerala Abkari (Disposal of Confiscated Articles), Rules , 1996. Without prejudice to the right of the petitioner to move the authorised officer, this petition is dismissed. Dated this the 17th day of July 2008. V. RAMKUMAR, (JUDGE) ani.