IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 Crl.Rev.Pet.No. 1894 of 2008() ------------------------------ CRMP.2743/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... REVN. PETITIONER: RESPONDENT: ------------------------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU RESPONDENTS: PETITIONER: ------------------------------------------------ A.R.AJITH, KAILUKUNNEL VEEDU, ANIJKKADU VILLAGE, MALAPPALLY TALUK. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.1894 of 2008 = = = = = = = = = = = = = = Dated this the 12 th day of June, 2008 ORDER The State challenges the order dated 21.05.2008 in Crl.M.P.No.2743 of 2008 in Crime 183 of 2008 of Kizhvaipur Police Station granting interim custody of the mini lorry which was allegedly carrying sand in violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 2. I perused the impugned order which has been passed in strict conformity with the decision of this Court in Ahemmedkutty v. State of Kerala and Others (2008(1) KLT 1068) which even now holds the field. Hence, I do not find any illegality or irregularity or impropriety in the order passed by the learned Magistrate. It appears that notwithstanding the order passed by the Magistrate, the District Collector did not release the lorry in question in compliance of the order passed by the Magistrate. The District Collector has no authority to withhold the lorry in Crl.R.P.No. 1894 of 2008 2 question. Hence the mini lorry in question shall be released on interim custody in accordance with the order passed by the Magistrate within one week from today. V. RAMKUMAR, JUDGE sj Hand over a copy of this order to the learned Public Prosecutor.