IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 Crl.Rev.Pet.No. 3456 of 2008() ----------------------------------------- CMP.2937/2008 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER/PETITIONER ------------------------------------ AKBAR ALI, AGED 27 YEARS, S/O.MOIDEENKUTTY, PUTHANPEEDIKAYIL HOUSE, POST KUDALOOR, OTTAPALAM TALUK. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT/ RESPONDENT ------------------------------------------- SUB INSPECTOR OF POLICE, TRITHALA POLICE STATION, THRITHALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.3456 OF 2008 =========================== Dated this the 28th day of October,2008 ORDER The revision is filed under section 397 read with section 401 of Code of Criminal Procedure challenging the dismissal of C.M.P.2937/2008 by Judicial First Class Magistrate, Pattambi. That petition was filed by the petitioner for interim custody of vehicle KLO/9-8 3267 seized by the Revenue Authorities for transporting river sand illegally. Learned Magistrate dismissed the petition filed for interim custody under section 457 of Code of Criminal Procedure based on the submission of the Public Prosecutor that a report is filed before the District Collector for initiating appropriate proceedings. 2. Learned counsel appearing for petitioner and learned Public Prosecutor was heard. 3. Learned counsel submitted that petitioner is prepared to abide by any condition that may be CRRP 3456/2008 2 imposed and even if no report is filed by the Police in respect of the seizure of the vehicle, as provided under section 102 of Code of Criminal Procedure, court is competent to grant interim custody of the vehicle under section 457 of Code of Criminal Procedure. Learned Public Prosecutor submitted that instructions were given to report that police had filed a report before the District Collector and no other information is received. 4. Even if a report is filed before the District Collector for taking action, it will not affect the jurisdiction of the Magistrate to grant interim custody of the vehicle under section 457 of Code of Criminal Procedure. It is not disputed that petitioner is the registered owner of the vehicle. In such circumstance, Magistrate can grant interim custody with sufficient conditions. Revision Petition is allowed. Magistrate is directed to give interim custody of the vehicle to the petitioner, on depositing Rs.15,000/- in cash and on executing a bond undertaking not to transfer CRRP 3456/2008 3 the vehicle without the permission of the Magistrate and also not to use the vehicle for in any offence of this nature. The order is subject to the final order that may be passed by the District Collector. In case of confiscation of the vehicle and payment of the requisite amount by the petitioner before the District Collector, he is at liberty to withdraw the amount deposited under this order provided no crime is registered on this incident. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006