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. 4278 of 2008 ---------------------------------- (CRIME NO. 982/2008 OF KALADY POLICE STATION) ............... PETITIONER: ------------------- EBY VARGHESE, S/O. VARGHESE, AGED 26 YEARS, MANAYAKKAT HOUSE, MALAYATTOOR.P.O,ILLITHODU DESOM, MALAYATTOOR VILLAGE, ALUVA TALUK,ERNAKULAM DISTRICT (OWNER OF A MINI LORRY BEARING REGISTRATION NO. KL-03-2689). BY ADV. SRI.P.M.ZIRAJ. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KALADY POLICE STATION. 3. DISTRICT COLLECTOR, ERNAKULAM. BY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/11/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4278 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November, 2008 O R D E R The grievance of the petitioner is that the vehicle seized by the police on the allegation that it was used for the commission of an offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, though directed to be released to the petitioner, is not released to him by the District Collector and the S.I. of Police i.e. respondents 2 and 3. 2. The learned Prosecutor, after taking instructions from the District Collector, submits that the vehicle has already been released and the delay occurred only on account of some confusion as to whether the S.I. concerned must wait for further instructions of the District Collector to ensure compliance with the order of the court. To avoid any unpleasant recurrence of such instances, it is brought to my notice that the third respondent District Collector has issued circular to all the officials concerned that when the court directs release, the vehicles can be released in compliance with Crl.M.C.No. 4278 of 2008 2 such orders without waiting for further instructions from the District Collector. 3. I take note of the bonafides in the submissions made on behalf of the District Collector. I am satisfied that no further action is necessary in this matter. 4. This Crl.M.C. is accordingly dismissed as unnecessary. 5. Hand over the order to the learned Prosecutor. (R. BASANT) Judge tm