IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 2138 of 2008()
1. SASILATHA, D/O. RAGHAVAN PILLAI
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.M.DINESH
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :30/06/2008
O R D E R
V.RAMKUMAR, J.
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CRL.R.P. NO.2138 OF 2008
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Dated this the 30th day of June 2008
ORDER
Petitioner challenges condition No.2 imposed by the JFCM I, Attingal
in the order passed in CMP 3086/2008, whereby the mini lorry of which the
petitioner claims to be the owner was directed to be given on interim
custody to the petitioner. The impugned condition is that he shall make a
cash deposit of Rs.25,000/-. According to the petitioner, there was no sand
in the mini lorry at the time of its seizure and so the Magistrate should not
have imposed the above conditions.
2. According to the prosecution, the lorry was seized after it had
unloaded the sand which was illegally transported in the lorry.
3. The learned counsel for the petitioner would contend that since at
the time of seizure of the lorry, there was no sand in the lorry, the
imposition of the said condition is onerous and not according to law.
4. I cannot agree. The imposition of the said condition is for interim
release of the lorry and it is perfectly in accordance with the decision of this
Court in Ahmmed Kutty v State of Kerala (2008(1) KLT 1068).
This revision is dismissed.
Dated this the 30th day of June, 2008
V.RAMKUMAR,JUDGE
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