High Court Kerala High Court

Sasilatha vs State Of Kerala on 30 June, 2008

Kerala High Court
Sasilatha vs State Of Kerala on 30 June, 2008
       

  

  

 
 
  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.
                  ======================================
                                 CRL.R.P. NO.2138 OF 2008
                  ======================================
                           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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