IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 31856 of 2008(P) -------------------------- PETITIONER: --------------- BASHEER, S/O.SYED, AGED 32 YEARS, KARUVATTUPARAMBIL HOUSE, PERUMPILAVU P.O, KADAVALLOOR, THRISSUR DIST. BY ADV. SRI.P.RAMACHANDRAN RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, CHALISSEY POLICE STATION, CHALISSERY P.O PALAKKAD DISTRICT. 2. THE DISTRICT COLLECTOR, PALAKKAD. BY GOVT. PLEADER SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 31856 of 2008 -------------------------- Dated this the 14th November, 2008 J U D G M E N T Vehicle belong to the petitioner was taken into custody by the 1st respondent for alleged offence under the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002. This was done as early as on 21.4.2008. Petitioner's grievance is relates to the non-release of the vehicle. 2. Learned Government Pleader, on instructions, submits that a crime No.128/2008 of the Chalissery Police Station has been registered on 26.5.2008 pursuant to the seizure of the vehicle and charges also have been framed. 3. In the circumstances, it will be appropriate for the petitioner to move the Jurisdictional Magistrate for release of the vehicle. It is made clear that the vehicle shall be produced by the 1st respondent before the Magistrate forthwith, if not already produced under the Calendar Case arising out of the above mentioned crime. W.P ( C) No. 31856 of 2008 2 Then the Magistrate shall deal with the petitioner's application for release of the vehicle in accordance with Section 457, Cr.P.C and order shall be passed on such application, without delay. (V.GIRI,JUDGE) ma W.P ( C) No. 31856 of 2008 3 W.P ( C) No. 31856 of 2008 4