ABOOBACKER U.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner challenging the order passed in Crl. M.P. No. 5682/14 in Crime No. 908/14 of Judicial First Class Magistrate Court, Taliparamba under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioners are the accused in Crime No. 908/14 of Taliparamba Police Station. The vehicle belonging to the petitioner namely Tipper Lorry No. KL -59D -211 was seized by the Taliparamba Police on the allegation that it was used for illegal transportation of river sand and Crime No. 908/2014 of Taliparamba police station was registered alleging offences under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the petitioner was arrested and the articles were seized and filed a report before the Judicial First Class Magistrate Court, Taliparamba and also sent a report to Sub Divisional Magistrate Court, Thalassery. The petitioner filed Crl. M.P. No. 5682/14 before the Judicial First Class Magistrate Court, Taliparamba under Section 457 of Code of Criminal Procedure. But, the learned magistrate dismissed the application by Annexure A1 order stating that since the Station House Officer, Taliparamba has already filed a report to the Sub Divisional Magistrate Court, Thalassery for initiating confiscation proceedings, the petitioner is not entitled to get the relief and dismissed the application on that ground which is being challenged by the petitioner by filing this petition.

(3.) THE application was opposed by the Public Prosecutor.