IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Crl.Rev.Pet.No. 2865 of 2008(Y) ------------------------------- MP.1773/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER: ------------------ DORAISWAMY, AGED 48, S/O.NADARAJAN DANYA HOUSE, PALARIVATTOM, KOCHI-25. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, UDAYAMPEROOR POLICE STATION, UDAYAMPEROOR. 2. STATE OF KERALA, REP. BY 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 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 2865 of 2008 ========================== Dated this the 3rd day of September, 2008. ORDER The revision petitioner who is a driver and who claims to be the person in possession of a mini lorry bearing registration No. KL7 J 3922 of which his wife is stated to be the owner, moved the Additional Chief Judicial Magistrate, Ernakulam for interim custody of the vehicle under Section 457 Cr.P.C. The learned Magistrate dismissed the petition holding that the matter was in seizin of the District Collector and that the lorry was in the premises of the police station as per the direction of the District Collector and that in case the District Collector was not disposing of the petition filed by the petitioner for release of the vehicle, the petitioner was at liberty to move the learned Magistrate. 2. It is admitted by both sides that the District Collector has passed final orders imposing a penalty of Rs.25,000/- on the petitioner. If, according to the petitioner, the said order of the District Collector is illegal and contrary to the provisions of the statute and rules framed thereunder, he is at liberty to challenge CRL.R.P. NO. 2865/2008 : 2: the said order in appropriate proceedings. 3. The learned Public Prosecutor, on instructions, submitted that the commodity which was carried in the mini lorry of the petitioner was not red earth as claimed by the petitioner, but it was river sand. In case the order of the District Collector is set aside, the petitioner is at liberty to move the Magistrate for interim custody subject to final orders for confiscation, if any, to be passed in terms of Ahammedkutty v. State of Kerala (2008 (1) KLT 1068). Reserving this right of the petitioner, this revision is dismissed. Dated this the 3rd day of September, 2008. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 2865/2008 : 3: