PANCHAMI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved by an order passed by the learned Magistrate (copy of which is produced as Annexure 2) under which her prayer for release of a lorry allegedly used for illicit transportation of river sand was dismissed.

(2.) According to the petitioner, the petitioner is the owner of the vehicle and there is no justification in the insistence of continued retention of the vehicle in the custody of the Police / Court. The learned Magistrate has overlooked the decision in Sunderbhai Ambalal Desai v. State of Gujarat, 2003 KHC 535 : 2003 (2) KLT 1089 : 2002 (10) SCC 283 : AIR 2003 SC 638. Subject to appropriate conditions, the vehicle may be ordered to be released to the petitioner, it is prayed.

(3.) The learned Public Prosecutor does not oppose the said prayer. The learned Public Prosecutor only submits that appropriate conditions may be imposed.