ABOOBACKER Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the petitioner challenging the condition imposed by the court below for releasing the vehicle in Crl.M.P.5186 of 2013 in Crime No.345 of 2013 of Vidyanagar police station of Kasaragod District on the files of Judicial First Class Magistrate Court, No-I, Kasaragod under Section 482 of Code of Criminal Procedure.

(2.) It is alleged in the petition that petitioner is the owner of the MGV Tipper lorry with registration No.KL-14J 7128 which was intercepted by the Sub Inspector of Police, Vidyanagar police station when he found that the vehicle being used for alleged illegal transportation of river sand and he had registered the case as crime No.345 of 2013 of that police station under the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001(Hereinafter called as Sand Act). The petitioner filed Crl.MP.No.5186 of 2013 for interim custody of the vehicle and the learned Magistrate after getting the value of the vehicle assessed through the Assistant Motor Vehicle Inspector allowed the application granting inerim custody relying on the decision Shan v. State of Kerala, 2010 3 KerLT 413 with conditions inter alia that the petitioner shall deposit ' .1,44,000/- of the amount assessed by the authorities and furnish bank quarantee or property security for the balance amount with other conditions. The condition directing the petition is to deposit the amount and furnish bank guarantee or property security are being challenged by the petitioner by filing this petition.

(3.) Heard the counsel for the petitioner and the learned Public prosecutor.