IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Crl.Rev.Pet.No. 286 of 2009() ----------------------------- CMP.37/2009 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM .................... REVN. PETITIONER(S): PETITIONER ---------------------------------------- BASHEER, S/O. MUHAMMED HAJI, KUZHIMANNA KODIKALAPARAMBIL VEETTIL, PULPARA, PALAKKAD , MALAPPURAM DIST. BY ADV. SRI.BABU S. NAIR RESPONDENT(S):RESPONDENTS -------------------------------------- 1. THE STATE OF KERALA,R EP. BY THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,KOCHI -31. 2. THE ADDITIONAL TAHSILDAR, KOZHIKODE. BY PUBLIC PROSECUTOR SRI.C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 286 OF 2009 =========================== Dated this the 30th day of January,2009 ORDER Revision petitioner is challenging the order dismissing CMP 37/2009 filed before the Judicial First Class Magistrate, Kunnamangalam. CMP 37/2009 was filed under section 457 of the Code of Criminal Procedure for interim custody of lorry bearing reg. No.KL-10-AB-1297. The lorry was seized with sand on the allegation that it is being used for illegal transportation of river sand. Learned Magistrate dismissed the petition on the ground that the seizure was reported to the District Collector and it is for the District Collector to confiscate the vehicle. The fact that the seizure of the vehicle was reported to the District Collector and the District Collector is competent to confiscate it does not mean CRRP 286/2009 2 that the Magistrate has no jurisdiction to grant interim custody of the vehicle under section 457 of the Code of Criminal Procedure. If the petitioner is the RC owner of the vehicle, he is entitled to get interim custody of the vehicle on conditions. Learned Magistrate is therefore directed to grant interim custody of the vehicle to the revision petitioner on executing a bond for Rs.1,00,000/- with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate, Kunnamangalam on the following conditions. (1) He shall deposit Rs.25,000/- before the Magistrate. (2)He shall undertake not to transfer the vehicle without the permission of the District Collector. (3) He shall not use the vehicle for illegal transportation of river sand and shall produce the vehicle before the District Collector as and when CRRP 286/2009 3 required. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006