ANEESH KUMAR Vs. STATE OF KERALA

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. 3185 of 2014 on the files of Judicial First Class Magistrate Court, Malappuram under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioner is the owner of the vehicle bearing registration No. KL -01 -X -3970 which was seized by the Sub Inspector of Police, Vazhakkad, 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) and he seized the vehicle and registered the crime as Crime No. 160/2014 of Vazhakkad Police Station. The petitioner filed Crl. MP. No. 3185/2014 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 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 Rs. 20,000/ - out of the amount assessed by the authorities and furnish bank guarantee or property security for the balance amount with other conditions. These two conditions 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.