IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Crl.MC.No. 3442 of 2011() -------------------------------------- CMP.NO.6178/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NILAMBUR. ... (CR.NO.543/2011 OF NILAMBUR POLICE STATION) ..... PETITIONER(S): PETITIONER: --------------------------------------------- VEERAN, S/O.MAMMAD(LATE)URUPPAKEEDAN HOUSE, KARULAI AMSOM, VAIKKAL P.O.,KARULAI, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): --------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE NILAMBUR, MALAPPURAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.3442/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:- TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE SI OF POLICE NILAMBUR. ANNEXURE A2:- TRUE COPY OF THE ORDERIN CMP 6178/2011 OF THE JFCM COURT NILAMBUR. RESPONDENTS' ANNEXURES: N I L /TRUE COPY/ P.S.TO JUDGE Kss N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3442 of 2011 ---------------------------------------------------- Dated this the 14th day of November, 2011 Order The petitioner is the owner of the mini lorry bearing registration No.KL-7-D-9717. It was stated to have been seized by the police in connection with crime No.543 of 2011 of Nilambur Police Station. The offences alleged in that crime are under Sections 308, 283 and 353 r/w 34 IPC and also under Section 23 r/w Sec.20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Section 23 of the KPRB & RRS Act deals with confiscation of vehicles which reads as follows: “23. Confiscation of vehicles.- Whoever transports sand without complying with the provisions of this Act shall be liable to be punished and the vehicle used for the transaction is liable for seizure by the Police or Revenue Officials. Explanation.- The term 'vehicle' for the purpose of this section includes 'country boat' and raft.” Crl.M.C.3442/11 2 The main allegation in the crime is that the aforesaid vehicle was used for illegal transport of river sand. The further allegation is that the police officer was attempted to be dashed against by the vehicle driven by the accused in order to cause his death. The learned counsel for the petitioner submits that no seizure mahazar was prepared under the KPRB & RRS Act regarding the seizure of the vehicle whereas the vehicle was in fact produced on getting a notice from the S.I. of Police. 2. The application filed by the petitioner before the learned Magistrate under Section 451 Cr.P.C. to release the vehicle was disposed of by the learned Magistrate stating that the petitioner shall produce “No Objection Certificate/Non-Liability Certificate” from the Revenue Official before whom a report for confiscation proceedings was submitted by the respondent. The learned counsel for the petitioner attacks the maintainability of the confiscation proceedings. The learned Public Prosecutor submits that the confiscation proceedings had already commenced and as such the petitioner can raise all his contentions before the Revenue Official who is initiating confiscation proceedings under Section 23 of the Act. Since confiscation proceedings has already Crl.M.C.3442/11 3 been commenced, it is not proper for this court to interfere with the same. Hence, leaving open all the points to be urged before the concerned authority, this Crl.M.C. is closed. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3442/11 4