IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Crl.Rev.Pet.No. 314 of 2009() ----------------------------- CMP.144/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMANGALAM .................... REVN. PETITIONER(S): PETITIONER ------------------------------- MUHAMMED ASHRAF, S/O.ALAVI, AGED 28 YEARS, POTTAMMEL MEETHAL, VAZHAKKADE AMSOM, DESOM, ERNAD TALUK. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE. PUBLIC PROSECUTOR SRI. MUHAMMED PUZHAKKARA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR,J. ------------------------------------------------- CRL.R.P.No.314 OF 2009 -------------------------------------------------- Dated this the 5th day of February, 2009 O R D E R Revision petitioner filed CMP. 144 of 2009 in Crime 763 of 2008 of Medical College Police Station under section 457 of Code of Criminal Procedure for interim custody of lorry KL-11-X-4195, which was seized by the police for unauthorisedly transporting river sand. Revision petitioner sought interim custody, contending that if the vehicle is kept in the police station premises exposed to sun and rain, it will be damaged. The petition was opposed by the Assistant Public Prosecutor contending that the very same vehicle was earlier seized in Crime. 743 of 2008, for unauthorised transportation of river sand and therefore the vehicle cannot be released to the revision petitioner. Learned Magistrate, finding that when revision petitioner is repeatedly using the same vehicle for unauthorised transportation of river sand held that it cannot be granted on interim custody to the revision petitioner and dismissed the application. The order is challenged in this revision. 2. Learned counsel appearing for revision petitioner CRRP 314/2009 2 submitted that the vehicle was not involved in transportation of river sand illegally and revision petitioner had valid pass to transport river sand and original pass was handed over to the police at the time of seizure. Learned Public Prosecutor submitted that when the very same vehicle is being repeatedly used for unlawful transportation of river sand, there is no reason to interfere with the order. 3. Though section 457 of the Code of Criminal Procedure enables the Magistrate to grant interim custody of a vehicle, even though the vehicle is not produced before the Magistrate on getting a report of seizure by the police, when the vehicle was repeatedly used for transporting river sand unauthorisedly learned Magistrate was justified in not granting interim custody of the vehicle. If the case of the revision petitioner is that he is having a valid pass, it is upto him to establish that fact before the District Collector. Revision is dismissed. M. SASIDHARAN NAMBIAR, JUDGE okb