ABDU NOUSHAD Vs. SUB INSPECTOR OF POLICE

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. 9304 of 2013 on the files of Judicial First Class Magistrate Court, No -I, Manjeri under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioner is the owner of vehicle bearing registration No. KL -58 -6036 which was seized by the Sub Inspector of Police, Areacode, Malappuram District, when he found that the vehicle was being used for alleged illegal transportation of river sand under the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (Hereinafter called as Sand Act), he seized the vehicle and registered the case. The petitioner filed Crl. MP. No. 9304/2013 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 interim custody relying on the decision reported in Shan V State of Kerala : 2010 (3) KLT 413 with conditions inter alia that the petitioner shall deposit 30% of the amount assessed by the authorities and furnish bank guarantee or property security for the balance amount with other conditions. The condition directing the petitioner to deposit 30% of the amount and furnish bank guarantee or property security are being challenged by the petitioner by filing this petition.

(3.) COUNSEL for the petitioner submitted that after the decision relied on by the learned Magistrate, the Act was amended by incorporating Section 23(A) which has come in to force with effect from 25.11.2012 and there such condition has not been contemplated and a discretion was given to the Magistrate to fix the security and that has not been taken note by the learned Magistrate. So, the counsel prayed for allowing the application by modifying the condition.