High Court Kerala High Court

Babu vs The District Collector on 6 April, 2010

Kerala High Court
Babu vs The District Collector on 6 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 10955 of 2010(T)


1. BABU, S/O.APPUKUTTAN, "THUSHARA",
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, KOZHIKKODE.
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :06/04/2010

 O R D E R
                T.R. RAMACHANDRAN NAIR, J.
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                  W.P.(C). No.10955/2010-T
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
            Dated this the 6th day of April, 2010

                      J U D G M E N T

The petitioner is the registered owner of a mini lorry

bearing registration No.KL-07-T-6291 which was intercepted

by the second respondent on the allegation of

transportation of river sand illegally. Crime No.192/2010

of the Feroke Police Station was also registered.

2. It is pointed out that in the light of the fact

that an offence under Section 379 of the Indian Penal Code

has also been alleged, the report has to be forwarded to

the learned Magistrate as provided under Section 102(3) of

the Code of Criminal Procedure.

3. The learned Government Pleader on instructions

submitted that a report as such has been forwarded to the

learned Magistrate apart from furnishing the report of the

District Collector in respect of the provisions of the Act

18 of 2001 with regard to the adjudication of the

confiscation proceedings.

4. In the light of the fact that the report has

already been forwarded to the learned Magistrate, no

direction as such is called for in the writ petition. The

W.P.(C). No.10955/2010
-:2:-

writ petition is disposed of recording the submission that

the report has already been forwarded to the learned

Magistrate. No costs.

Sd/-

(T.R. Ramachandran Nair, Judge.)

ms
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