IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).No. 20973 of 2010(Q) -------------------------- CRIME NO.268/2010 OF KODUVALLY POLICE STATION ----------------------------------- PETITIONER(S): --------------- ABDUL NAZAR M.T., S/O.MOIDEEN KUTTY, AGED 25 YEARS, MANNILTHODI HOUSE, KOOTHUPARAMBA, AREECODE, MALAPPURAM. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 2. THE STATION HOUSE OFFICER, KODUVALLY POLICE STATION, KOZHIKODE DIST. (CRIME 268/10) 3. THE DISTRICT COLLECTOR,KOZHIKODE. BY GOVERNMENT PLEADER MR.C.S.HRITHICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P(C) No.20973 of 2010 -------------------------------------- Dated this the 19th day of July, 2010 J U D G M E N T Petitioner, who claims to be the registered owner of a Tipper Lorry bearing registration No.KL-7K-4573 involved in Crime No.268/10 of Koduvally Police Station registered for offences punishable under Sections 279 and 353 IPC and Section 20 of the Protection of River Banks and Regulation of Removal of Sand Act 2001 (the Sand Act for short), seeks a direction to the Station House Officer, Koduvally and the District Collector, Kozhikkode, not to insist on the custody of the vehicle for the purpose of investigation of the above crime. According to the petitioner, as revealed by the Ext.P2 pass issued under the Kerala Minor Mineral Concession Rules 1967, the commodity which was transported in the lorry in question was granite powder and not river sand and therefore the invocation of Section 20 of the Sand Act is totally uncalled for. The petitioner apprehends that in case the lorry is W.P(C) No. 20973 of 2010 : 2 : seized, it might be forwarded to the District Collector for confiscation proceedings under the Sand Act on the footing that an offence under Section 20 of the Sand Act was committed. The question as to what was the commodity, which was transported in the lorry cannot be decided in this writ petition filed under Article 226 of Constitution of India. In case the petitioner produces the lorry before the J.F.C.M Court-I, Thamarassery and also produces material to show that Section 20 of the Sand Act is not involved, it shall be open to the Magistrate to pass appropriate orders regarding the interim custody of the lorry in question. Reserving the above right of the petitioner, this writ petition is disposed of. V.RAMKUMAR, JUDGE dmb