SIDDIQUE Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner challenging the order passed in C.M.P. No. 918/2014 in Crime No. 123/2014 of Nilambur Police Station of Judicial First Class Magistrate Court, Nilambur under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioner is the registered owner of the Tipper Lorry bearing registration No: KL -13 -M -3642, and was seized by the Sub Inspector of Police, Nilambur on the allegation of illegal transportation of river sand and a case was registered as Crime No. 123/14 of Nilambur Police Station alleging commission of the offence under the provisions of Kerala Protection of River Banks and Regulation of Sand Act, 2001. (Hereinafter called as Act). The petitioner filed C.M.P. No. 918/2014 for interim custody of the vehicle and the same was allowed by the learned magistrate by Annexure A1 order on conditions inter alia to deposit Rs. 31,500/ - being 30% of the value of the vehicle and furnish property security or bank guarantee for the balance amount besides other conditions. These conditions are being challenged by the petitioner by filing this petition.

(3.) THE Counsel for the petitioner submitted that the learned magistrate had taken into consideration the decision reported in Shan Vs. State of Kerala : [2010 (3) KLT 413] and Sujith Vs. State of Kerala : [2012 (2) KLT 547] for imposing the condition. But, the learned magistrate did not consider the fact that after the above decisions, the Act has been amended by Amendment Act 15 of 2013 incorporating Section 23A which came into force on 25.11.2012 which gives power to the magistrate to release the vehicle on sufficient security alone. So, there is no necessity to deposit cash security or furnish security of property or bank guarantee and this court has in several cases of this nature shown leniency in imposing the condition for releasing the vehicle.