KASIM, S/O.ANDUKKA Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS criminal miscellaneous case is filed by the petitioner challenging the order passed by the Judicial First Class Magistrate Court -I, Kasaragod, in C.M.P.No.7750/2013 in Crime No.712/2013 of Kumbala police station under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that, the petitioner is the registered owner of the Tipper Lorry bearing registration No.KL -07 X/8361, which was seized by the respondent on the allegation that the vehicle was used for transportation of the sand without any valid documents in violation of the provisions of the Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter called 'the Act'). The petitioner filed C.M.P.No.7750/2013 before the Judicial First Class Magistrate Court -I, Kasaragod, for interim custody of the vehicle. The learned magistrate by Annexure -I order granted interim custody on conditions inter -alia that: 1. Petitioner shall execute bond for Rs. 1,50,000/ - (Rupees One Lakh Fifty Thousand only) with two solvent sureties who each shall execute a bond for the like sum. 2. Petitioner shall Deposit Rs. 45,000/ - (Rupees Forty Five thousand only) before this court in cash.

(3.) HEARD the Counsel for the petitioner and the learned Public Prosecutor.