ABDUL SALAM B.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS criminal miscellaneous case is filed by the petitioner challenging the order passed by the Judicial First Class Magistrate Court -I, Hosdurg, in C.M.P.No.4564/2014 in Crime No.442/2014 of Hosdurg Police station under Section 482 of Code of Criminal Procedure. 2. It is alleged in the petition that, the petitioner is the registered owner of a Mini Lorry bearing registration No.KL -11 - P -5776, which was seized by the respondent on the allegation that the vehicle was used for transporting river sand without valid permit and a crime was registered as Crime No.442/2014 of Hosdurg Police Station alleging commission of offences punishable under sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter called 'the Act'). The petitioner filed C.M.P.No.4564/2014 before the Judicial First Class Magistrate Court -I, Hosdurg, for interim custody of the vehicle. The learned magistrate by Annexure -AI order granted interim custody on conditions inter -alia that: Petitioner shall execute bond for Rs. 75,000/ -.

(2.) PETITIONER has to deposit Rs.22,500/ - being the 30% of total value of vehicle. 3. Petitioner shall produce bank guarantee or execute a bond for Rs.52,500/ - for the balance amount with original title deed and valuation certificate showing value of the property issued by revenue authority. The above conditions are being challenged by the petitioner by filing this petition.

(3.) CONSIDERING the nature of relief claimed in the petition, this court felt that the petition can be disposed of at the admission stage itself, after hearing the Counsel for the petitioner and the learned Public Prosecutor.