ABDUL RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) This criminal miscellaneous case is filed by the petitioner challenging the order in C.M.P. No. 4084/2014 passed by the Judicial First Class Magistrate Court, Malappuram, under Section 482 of Code of Criminal Procedure.

(2.) It is alleged in the petition that, the petitioner is the registered owner of the vehicle bearing registration No. KL-11-W-3581, which was seized by the respondent on the allegation that the vehicle was used for transporting of river sand 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. 4084/2014 before the Judicial First Class Magistrate Court, Malappuram, for interim custody of the vehicle. The learned magistrate by Annexure-A order granted interim custody on conditions inter-alia that:

(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.