SABU.A. Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioners are owners of the vehicle bearing Nos. KL02 Q 9259, KL 17 A 4506 and KL 58 9241, which were seized by the second respondent, for the alleged illegal transportation of river sand. The case of the petitioners in this writ petition is that, the vehicles are still to be produced before the concerned Magistrate's Court and that, after the decision rendered by this Court as reported in 2012 (2) KHC 275 (Sujith Vs. State of Kerala), the first respondent has no jurisdiction to entertain the matter. Hence a direction is sought to be issued to the second respondent, to forward the matter along with the vehicles to the concerned Magistrate's Court.

(2.) HEARD the learned Government Pleader as well.

(3.) SUBSEQUENTLY , referring to the course being pursued on seizure of the vehicle by the Police as well as the Revenue authorities, the necessity to give intimation to the other (Revenue Department/Police Department as the case may be) was highlighted by a Division Bench of this Court in Sujith's case (cited supra) for causing the matter to be prosecuted as well. As per the said verdict, it was alerted that culmination of the confiscation proceedings by the Statutory authority will not put to an end to the episode and that as per the Scheme of the Statute, prosecution proceedings have necessarily to be launched/pursued. It is also ordered that the parties concerned will be at liberty to approach the concerned Magistrate's Court to get interim custody, which has to be dealt with in the manner as specified in [2010 (3) KHC 333 =2010(3) KLT 413] (cited supra). Considering the limited nature of relief sought for by the petitioners to have the vehicles produced before the concerned Magistrate's Court in the concerned Crime, forming subject matter of Ext. P3 FIR, this Court finds that the interim custody of the vehicles, even if produced before the Magistrate's Court, has to be considered in tune with the observations made by the Full Bench of this Court in the decision cited supra.