IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 4066 of 2008() ----------------------------------------- CMP.3559/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... REVN. PETITIONER/PETITIONER: ---------------------------------------------- MOIDEEN. K., S/O.KUNHAYAMMU, KARIMBANAKKAL HOUSE, THIRUVEGAPURA, OTTAPALAM, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT/STATE: ------------------------------- 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.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/12/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.4066 OF 2008 =========================== Dated this the 18th day of December,2008 ORDER Revision petitioner is challenging the order passed by Judicial First Class Magistrate Court, Pattambi in CMP 3559/2008 a petition filed by him under section 457 of the Code of Criminal Procedure for interim custody of mini lorry bearing registration No.KL-9B/7380 which was seized by the Sub Inspector of Police, Pattambi on 23.11.2008 for illegal transportation of river sand. Learned Magistrate dismissed the petition holding that if interim custody is granted, the vehicle will be used for the offence. 2. Learned counsel appearing for the revision petitioner and the learned Public Prosecutor were heard. 3. There is no case for public prosecutor that any confiscation order was passed by the District Collector. In such circumstance, the Magistrate CRRP 4066/2008 2 can grant interim custody of the vehicle as provided under section 457 of the Code of Criminal Procedure with sufficient conditions. Revision is allowed. Judicial First Class Magistrate, Pattambi is directed to grant interim custody of the vehicle to the revision petitioner on the following conditions. Revision petitioner shall deposit Rs.30,000/- and shall execute a bond with two solvent sureties for the like sum to the satisfaction of the learned Magistrate undertaking not to transfer the vehicle and not to use the vehicle for illegal transportation of river sand and also undertaking to produce the vehicle as and when directed by the Magistrate or the District Collector. Sd/- M.SASIDHARAN NAMBIAR JUDGE tpl/- /true copy/ P.S to Judge M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006