IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Crl.MC.No. 2424 of 2010() ------------------------- CC.227/2008 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... PETITIONER/ACCUSED: --------------- RAJESH, S/O.DIVAKARAN THEKKEY KALAYIL, VARIKKAMKUNNU VELLOOR VILLAGE,KOTTAYAM. BY ADV. SRI.P.A.AUGUSTIAN SRI.V.K.SATHYANATHAN SRI.T.R.JAGADEESH SRI.T.S.BIJU SMT.V.VIJITHA RESPONDENTS/COMPLAINANT: --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE VELLOOR POLICE STATION, KOTTAYAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2424 of 2010 ------------------------------------- Dated this the 9th day of July, 2010 ORDER Petitioner who is the accused in C.C.No.227/2008 on the file of the Judicial Magistrate of the First Class, Vaikom (arising out of Crime No.87 of 2008 of Velloor Police Station) challenges the order for confiscation of the goods autorikshaw in which the sand was transported. The charge against the petitioner was for an offence punishable under Section 58(4) of the Kerala Minor Mineral Concession Rules. The goods autorikshaw had been released to the petitioner on interim custody. When the particulars of the offence were read over to the petitioner by the Magistrate he voluntarily pleaded guilty therefore he was sentenced to pay a fine of Rs.3,000/- and on default to pay the fine to undergo simple imprisonment for fifteen days. The vehicle used for transporting sand, along with the sand were confiscated. Thereafter when the petitioner called upon by the Magistrate to produce the vehicle for the purpose of confiscation he has approached this Court with the petition under Section 482 of Code of Criminal Procedure. Crl.M.C.No.2424/2010 : 2 : 2. Obviously the order for disposal of the lorry as well as the sand was passed in exercise of the power under Section 452 of Code of Criminal Procedure. If the petitioner is aggrieved by the final order, his remedy is to file an appeal under Section 454 of Code of Criminal Procedure. Hence without prejudice to the right of the petitioner to file an appeal under Section 454 of Code of Criminal Procedure regarding the confiscation of the vehicle, this Criminal M.C. is dismissed. V.RAMKUMAR, JUDGE skj