MOHAMMED ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is aggrieved by Annexure A2 order passed by the learned Magistrate on C.M.P.No.507 of 2014. Case against the petitioner is that the car owned by him was used for transporting river sand without any authority and the vehicle was intercepted on 16.1.2014 at 3.10 hours. The petitioner claims that he is the registered owner of the car bearing registration number KL -10 - AL/8050. The said vehicle was taken into custody by the Sub Inspector of Police on the date of detection of the offence.

(2.) HEARD learned counsel for the petitioner and the learned Public Prosecutor.

(3.) LEARNED counsel for the petitioner would submit that the conditions are not legally warranted in such matters, especially in view of recently added Section 23A to the Kerala Protection of River Banks and Regulation of Removal of sand Act which reads as follows: