IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Crl.Rev.Pet.No. 399 of 2009() ----------------------------- REVN. PETITIONER(S): PETITIONER: -------------------------------- SHIHABUDHEEN, S/O.HAMSA, KULAMBAN HOUSE, VILAYUR P.O., OTTAPALAM TALUK. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT(S): STATE: --------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. JAYAKRISHANAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, JUDGE ............................................... Crl.R.P. No.399 of 2009 ............................................... Dated: 10th February 2009 O R D E R Petitioner, who claims to be the owner of a mini lorry bearing Reg. No. KL.13/H.455 challenges the order dated 30-01-2009 passed by the J.F.C.M. Pattambi in C.M.P. No. 134 of 2009 as per which the petitioner claimed interim custody of the vehicle allegedly involved in illicit transportation of river sand. 2. Apart from the fact that the court below was not inclined to grant interim custody of the lorry to the petitioner, the Public Prosecutor submits that proceedings are pending before the District Collector for confiscation of the lorry together with the sand. If so, the petitioner, as held in Subramonian v. State of Kerala - 2009 (1) KLT 77, can move the District Collector for interim custody of the vehicle in case there is delay in concluding the proceedings for confiscation. Reserving the said right of the petitioner, this Revision is dismissed. Dated, this the 10th day of February, 2009. Sd/-V. Ramkumar, Judge. /true copy/