IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 Crl.MC.No. 3358 of 2010(F) ------------------------------------- [C.M.P.NO. 1125/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA] .................... PETITIONER/1ST ACCUSED: ----------------------------------------- PUTHIYAPURAYIL SHAMEER, S/O.ADAMKUTTY, ADHIL MAHAL, THERUR, PALAYAD. BY ADV. SRI.V.BINOY RAM. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3358 of 2010 -------------------------- ORDER Vehicle KL-59/7973 was seized by the forest officials while transporting sandalwood pieces. Proceedings were initiated for confiscation. Petitioner filed C.M.P.No.1125/2010 before Judicial First Class Magistrate's Court, Kuthuparamba under Section 451 of Code of Criminal procedure for interim custody of the vehicle. It was dismissed under Annexure-1 order. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-1 order contending that learned Magistrate should have released the vehicle to the petitioner on sufficient conditions and should not have allowed to get it damaged by exposing to sun and rain. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. CRMC 3358/10 2 3. As the vehicle was allegedly transporting sandalwood pieces, the vehicle is liable for confiscation. When confiscation is provided under the Act, the vehicle cannot be released to the petitioner as sought for. I find no reason to interfere with Annexure-1 order. Petition is dismissed. 3rd September, 2010 (M.Sasidharan Nambiar, Judge) tkv