IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 Crl.Rev.Pet.No. 1489 of 2008() ------------------------------ CMP.1546/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM CRIME NO. 86/2008 of MAVOOR POLICE STATION .................... REVN. PETITIONER: PETITIONER. ----------------------------- ASHRAF, S/O. MOHAMMED, PERISSERY HOUSE, PERUMANNA AMSOM DESOM, KOZHIKODE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS: RESPONDENT/STATE. ------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, MAVOOR POLICE STATION, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 1489 of 2008 ========================== Dated this the 26th day of May, 2008. ORDER The petitioner who claims to be the registered owner of a tipper mini lorry bearing registration No. KL-11-Z 263, challenges the order dated 29.04.2008 passed by the Judicial First Class Magistrate, Kunnamangalam dismissing his application filed under Section 457 Cr.P.C in Crime No. 86 of 2008 of Mavoor Police Station for interim custody. The very same lorry involved in a similar crime of unauthorisedly transporting river sand was ordered to be released on interim custody by this Court as per order dated 04.03.2008 in Crl.M.C. No. 956 of 2008. One of the conditions imposed by this Court was that the petitioner shall not permit the lorry to be used for any illicit purpose. It was in flagrant violation of the said condition that the petitioner again unauthorisedly transported river sand in the very same lorry resulting in the Mavoor police registering Crime No. 86 of 2008. 2. It is too early to accept the contention of the petitioner that the transporting of sand was not unauthorised. I am not CRL.R.P. NO. 1489/2008 : 2: inclined to interfere with the discretion validly exercised by the learned Magistrate. I see no ground to interfere with the impugned order. This R.P is accordingly dismissed. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 1489/2008 : 3: