IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 4067 of 2008()
1. JAMAL.P., S/O.AVARA,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE SUB
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :18/12/2008
O R D E R
M.SASIDHARAN NAMBIAR,J.
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Crl.R.P. NO. 4067 OF 2008
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Dated this the 18th day of December,2008
ORDER
Revision petitioner is challenging the order
passed by Judicial First Class Magistrate Court,
Pattambi in CMP 3298/2008 a petition filed by him
under section 457 of the Code of Criminal Procedure
for interim custody of mini lorry bearing
registration No.KL-11/7633 which was seized by the
Sub Inspector of Police, Pattambi on 21.9.2008 for
illegal transportation of river sand. Learned
Magistrate dismissed the petition holding that if
interim custody is granted, the vehicle will be
used for the offence.
2. Learned counsel appearing for the revision
petitioner and the learned Public Prosecutor were
heard.
3. There is no case for public prosecutor that
any confiscation order was passed by the District
CRRP 4067/2008 2
Collector. In such circumstance, the Magistrate
can grant interim custody of the vehicle as
provided under section 457 of the Code of Criminal
Procedure with sufficient conditions.
Revision is allowed. Judicial First Class
Magistrate, Pattambi is directed to grant interim
custody of the vehicle to the revision petitioner
on the following conditions. Revision petitioner
shall deposit Rs.30,000/- and shall execute a bond
with two solvent sureties for the like sum to the
satisfaction of the learned Magistrate undertaking
not to transfer the vehicle and not to use the
vehicle for illegal transportation of river sand
and also undertaking to produce the vehicle as and
when directed by the Magistrate or the District
Collector.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006