MAHAMMOD K. Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner challenging the conditionimposed by the court below for releasing the vehicle in Crl.M.P.2062 of 2014 in Crime No. 71 of 2014 of Ambalathara police station of Kasaragod District on the files of Judicial First Class Magistrate Court, No -I, Hosdurg under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioner is the owner of the MGV Tipper lorry with registration No. Kl -13S 3824 which was intercepted by the Sub Inspector of Police, Ambalathara police station when he found that the vehicle being used for alleged illegal transportation of river sand and he had registered the case as crime No. 71 of 2014 of that police station under the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001(Hereinafter called as Sand Act). The petitioner filed Crl. MP. No. 2062 of 2014 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 inerim 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 quarantee or property security for the balance amount with other conditions. The condition directing the petition is to deposit 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 a conditions 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.