C.P. RAMADASAN 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. 3460 of 2012 in Crime No. 174/2014 of Vazhakkad Police Station 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 vehicle bearing registration No. KL -11 -AC -221 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, he seized the same and he had registered a case as Crime No. 174/2014 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. 3460/2012 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 relying on the decision reported in Shan V State of Kerala : 2010 (3) KLT 413 granting interim custody with conditions inter alia that the petitioner shall deposit Rs. 90,000/ - out of the amount assessed by the authorities and furnish bank quarantee or property security for Rs. 1,80,000/ - with other conditions. This is 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.