IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 Crl.Rev.Pet.No. 288 of 2008() ----------------------------- CMP.264/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... REVN. PETITIONER: PETITIONER/ACCUSED ------------------------------------ ABDUL KHADER, S/O.MUHAMMED KUTTY, KOTTILAKKAL VALAPPIL HOUSE, ANANTHAVOOR AMSOM, VALIYAPARAPPUR DESOM, ANANTHAVOOR P.O. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. S.I. OF POLICE, TIRUR. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 288 of 2008 * * * * * * * * * * * * * * * * * * 19-02-2008 ORDER Heard both sides. 2. Petitioner who is the registered owner of a pick up van bearing registration No. KL 7/Q 9129 which was seized by the Sub Inspector of Police, Tirur under the provisions of the Kerala Protection of River Banks and Removal of Sand Act, 2001 sought interim custody of the vehicle by filing C.M.P. No. 264 of 2008 before the J.F.C.M. Tirur. The said application was dismissed evidently for the reason that no report was filed by the police under Sec. 102 Cr.P.C. And that the vehicle was produced before the District collector, Malappuram for confiscation proceedings. 2. In the light of the recent Division Bench decision dated 5- 12-2007 in Moosakoya v. State of Kerala ILR 2008 (1) KHC 464 the -:2:- interim custody of the vehicle cannot be given by the Magistrate under Sec. 451 or under Sec. 457 Cr.P.C. However, in the light of the interim order dated 12-2-2008 passed by a Division Bench of this Court in Writ Appeal No. 201 of 2008, the petitioner may approach the District Collector for interim custody of the vehicle, in case, he assails the confiscation proceedings in appropriate proceedings. Reserving the said right of the petitioner, this Crl. R.P. is dismissed. V. RAMKUMAR, (JUDGE) ani.