THANSEER.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, Kasaragod, in C.M.P.No.1984/2013 in Crime No.109/2013 of Vidyanagar police station under Section 482 of Code of Criminal Procedure. It is alleged in the petition that, the petitioner is the registered owner of the MGV Goods Carrier bearing registration No.KL -59 -D -2290 (wrongly shown as KAL -59 -D - 2290 in the order) which was seized by the respondent on the allegation that sand was transported in the vehicle in violation of the provisions of the Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter called 'the Act'). The petitioner filed C.M.P.No.1984/2013 before the Judicial First Class Magistrate Court -I, Kasaragod, for interim custody of the vehicle. The learned magistrate by Annexure -I order granted interim custody on conditions inter -alia that:

(2.) PETITIONER shall deposit an amount of Rs.1,95,000/ - in cash before the court.

(3.) PETITIONER shall produce property security or bank guarantee for the balance amount of Rs.4,55,000/ -.