ABDUL AJMAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in C.M.P. No. 7046/2014 on the file of the Judicial First Class Magistrate Court, Alathur, is the revision petitioner herein.

(2.) It is alleged in the petition that, the petitioner is the registered owner and in possession of tipper lorry with registration No. KL-49-1380, which was seized by Alathur police in Crime No. 1268/2014 of that police station, alleging that, the vehicle has been used for illegal transport of river sand against the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter called 'the Act'). The petitioner filed C. M.P. No. 7046/2014 for interim custody of the vehicle and the learned magistrate allowed the application by the impugned order with conditions inter alia to deposit 1/3rd of the value of the vehicle namely Rs. 95,000/-, as one of the conditions for releasing the vehicle. This condition is being challenged by the revision petitioner by filing this revision.

(3.) Considering the scope of enquiry and the respondent is only the State, this court felt that, the revision can be admitted and disposed of today itself, after hearing the counsel for the revision petitioner and the learned Public Prosecutor appearing for the respondent. So the revision is admitted and disposed of today itself.