MOIDEEN B.T. 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.2663/2013 in Crime No.421/2012 of Manjeshwar police station under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that, the petitioner is the registered owner of the MGV Tipper bearing registration No.KL -14 -L -4510 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') and a case was registered as Crime No.421/2012 of Manjershwar Police Station in respect of the same. The petitioner filed C.M.P.No.2663/2013 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:

(3.) PETITIONER shall produce property security or bank guarantee for the balance amount of Rs.5,20,000/ -. The above conditions are being challenged by the petitioner by filing this petition. 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.