SAINUL ABID Vs. DISTRICT COLLECTOR KOZHIKODE

JUDGEMENT

(1.) SINCE common questions are raised in these three writ petitions, they are disposed of together.

(2.) THE petitioners in these writ petitions are all owners of lorries. THEir lorries have been detained by the authorities on the allegation that they were guilty of offences under the Kerala Protection of River Bank and Regulation of Removal of Sand Act 2001 ( 'the Act' for short). THE petitioners complain that though their vehicles are kept under detention, the seized vehicle or report has not been produced before the concerned Judicial Magistrate as required by the Code of Criminal Procedure. Nor have the vehicles been produced before the said Magistrate. Consequently, the petitioners have been denied an opportunity to seek an interim custody of their vehicles. THE vehicles are getting damaged with the passage of time, since they are not properly taken care of. THE petitioners, therefore, seek the issue of appropriate orders for compliance with the provisions of law.