IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 Crl.MC.No. 4215 of 2008() ------------------------------------- (AGAINST THE ORDER IN CMP.NO.4290/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I,MANJERI DTD. 31ST OCTOBER,08) PETITIONER(S): PETITIONER BEFORE THE COURT BELOW: ---------------------------------------------------------------------------------------- C.ABDUL KAREEM, S/O.MUHAMMED, AGED 45 YEARS, RESIDING AT PANOLATH HOUSE, PATHEPIRIYAM P.O.,MANJERI, MALAPPURAM. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): COMPALINANTS-STATE: ---------------------------------------------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHASILDAR, NILAMBUR, MALAPPURAM DISTRICT. 3. THE STATION HOUSE OFFICER, MANJERI POLICE STATION, MANJERI. 4. STATE OF KERALA, REP. BY THE PUBLIC PROSECTUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4215 of 2008 ------------------------------------------------- Dated this the 12th day of November, 2008 ORDER The petitioner is the owner of a vehicle – a tipper lorry. That vehicle was allegedly involved in the commission of an offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short `the Act'). The same was seized along with another vehicle which was also involved in an identical offence. The petitioner raises a contention that the article carried in his vehicle was not river sand; but was some other type of earth. No crime has been registered in respect of the alleged offence. Proceedings for confiscation under the Act are pending before the District Collector. The petitioner had called for a report and the report obtained from the geologist indicates that the article carried in the vehicle is not river sand. The petitioner then Crl.M.C. No. 4215 of 2008 -: 2 :- applied before the learned Magistrate for release of the vehicle. The learned Magistrate by the impugned order rejected the prayer. 2. The petitioner prays that invoking the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. there may be a direction to release the vehicle to the petitioner. 3. The learned Public Prosecutor accepts that no crime is registered; but reports that the proceedings for confiscation are pending before the District Collector. No decision has been taken by the District Collector in the matter so far. This vehicle is admittedly involved in another instance of infraction of the provisions of the Act and was released to the petitioner. In these circumstances, the learned Public Prosecutor opposes the application; but submits that pending disposal of the proceedings before the District Collector, the State has no objection against the release of the vehicle to the petitioner; but appropriate strict conditions may be imposed. It may be noted that this is the second such crime allegedly committed by the petitioner using the vehicle. 4. I am satisfied in the given circumstances that the vehicle Crl.M.C. No. 4215 of 2008 -: 3 :- can be released to the petitioner subject to appropriate conditions which shall ensure and secure the interests of the respondent/State. Appropriate conditions can, of course, be imposed. In these circumstances, I am satisfied that it is not necessary to advert to the facts and law in any greater detail. 5. In the result: (a) This Crl.M.C. is allowed. (b) The impugned order is set aside. (c) The vehicle shall be released to the petitioner on the following terms and conditions: (i) The petitioner shall produce all the documents before the learned Magistrate to satisfy the learned Magistrate that he is the owner and entitled to possession of the vehicle. (ii) He shall execute a bond for the value of the vehicle to be determined by the learned Magistrate with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (iii) The petitioner shall make a cash deposit of Rs.25,000/- before the learned Magistrate. (iv) In the bond to be executed by the petitioner, the Crl.M.C. No. 4215 of 2008 -: 4 :- petitioner shall undertake not to use the vehicle while it is in his custody on the strength of this order or permit the vehicle to be used for commission of any offence under the Act. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge