MUNEER K. Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The petitioner in Crl. M.P. No. 9835/14 of Judicial First Class Magistrate Court, Malappuram is the revision petitioner herein.

(2.) The petitioner's vehicle with No. KL-10AB-5408 was seized by Vazhakkad police when it was alleged to have used for illegal transport of river sand and a crime was registered as Crime No. 432/14 of Vazhakkad Police Station under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter called 'the Act'). The petitioner being the registered owner of the vehicle, filed Crl. M.P. No. 9835/14 for interim custody of the vehicle under Section 457 of Code of Criminal Procedure (hereinafter called 'the Code') and the learned magistrate allowed interim custody on deposit of Rs. 63,000/- and producing bank guarantee of Rs. 1,37,000/- besides other conditions and these two conditions are being challenged by the petitioner by filing the above revision.

(3.) Considering the scope of challenge, this court felt that this can be admitted and disposed of today itself after hearing the Counsel for the revision petitioner and the learned Public Prosecutor. So, it is admitted and heard both sides.