IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1489 of 2008()
1. ASHRAF, S/O. MOHAMMED,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.R.BINDU (SASTHAMANGALAM)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/05/2008
O R D E R
V. RAMKUMAR , J.
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Crl.R.P. No. 1489 of 2008
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Dated this the 26th day of May, 2008.
ORDER
The petitioner who claims to be the registered owner of a
tipper mini lorry bearing registration No. KL-11-Z 263, challenges
the order dated 29.04.2008 passed by the Judicial First Class
Magistrate, Kunnamangalam dismissing his application filed under
Section 457 Cr.P.C in Crime No. 86 of 2008 of Mavoor Police
Station for interim custody. The very same lorry involved in a
similar crime of unauthorisedly transporting river sand was
ordered to be released on interim custody by this Court as per
order dated 04.03.2008 in Crl.M.C. No. 956 of 2008. One of the
conditions imposed by this Court was that the petitioner shall not
permit the lorry to be used for any illicit purpose. It was in
flagrant violation of the said condition that the petitioner again
unauthorisedly transported river sand in the very same lorry
resulting in the Mavoor police registering Crime No. 86 of 2008.
2. It is too early to accept the contention of the petitioner
that the transporting of sand was not unauthorised. I am not
CRL.R.P. NO. 1489/2008 : 2:
inclined to interfere with the discretion validly exercised by the
learned Magistrate. I see no ground to interfere with the
impugned order. This R.P is accordingly dismissed.
V. RAMKUMAR, JUDGE.
rv
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