YOUNUS M Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioneris the owner of a vehicle which is allegedly involved in illicit transportation of sand. The petitioner applied before the learned Magistrate for release of the vehicle to his custody. The learned Magistrate, by the impugned order, directed release subject to conditions. There is a direction that the petitioner shall deposit an amount of Rs.25,000/- in addition to execution of a bond for Rs.1,00,000/- with two solvent sureties each for the like sum.

(2.) The short grievance made by the petitioner is that the condition that he should deposit an amount of Rs.25,000/- is too onerous and he is unable to comply with that condition. The learned counsel for the petitioner submits that even though the orderwas passedasearlyas on12/02/2007,the petitioner has not been able to take advantage of the said order and claim release as he was not able to raise the amount of Rs.25,000/-. The vehicle is unnecessarily exposed to sun and rain and suffering damage and deterioration. The District Collector has not passed any orders so far under Section 23 or Rule 27 and 28 of the Protection of River Banks and Regulation of Removal of Sand Act 2001. In these circumstances, the learned counsel for the petitioner prays that leniency may be shown and unnecessary further loss and deterioration of the vehicle may be avoided by directing release of the vehicle to the petitioner altering the said condition No.2.

(3.) The learned Public Prosecutor opposes the said application. The learned Public Prosecutor submits that the vehicle in the instant case is involved in an earlier instance of violation of the provisions of the Act and in these circumstances no leniency may be shown to the petitioner.