MANOJ P Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioner is the Driver of a Heavy Goods Vehicle namely, TATA LPT 1613/42 having registration No.KL-58-3567. It is submitted that the vehicle is now involved in a proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. A criminal case has been registered and copy of the First Information Report has been produced as Ext.P2.

(2.) THE prayer is for a direction to the District Collector to take a decision on the application for release of the vehicle. In the light of the decision of a Division Bench of this Court in Sujith vs. State of Kerala (2012 (2) KLT 547) especially paragraph 13 therein, the parties have a remedy to approach the jurisdictional Magistrate on filing a report by the Police Officer. THE said paragraph reads as follows: