IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 399 of 2009()
1. SHIHABUDHEEN, S/O.HAMSA,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :10/02/2009
O R D E R
V. RAMKUMAR, JUDGE
...............................................
Crl.R.P. No.399 of 2009
...............................................
Dated: 10th February 2009
O R D E R
Petitioner, who claims to be the owner of a mini lorry bearing Reg.
No. KL.13/H.455 challenges the order dated 30-01-2009 passed by the
J.F.C.M. Pattambi in C.M.P. No. 134 of 2009 as per which the petitioner
claimed interim custody of the vehicle allegedly involved in illicit
transportation of river sand.
2. Apart from the fact that the court below was not inclined to
grant interim custody of the lorry to the petitioner, the Public Prosecutor
submits that proceedings are pending before the District Collector for
confiscation of the lorry together with the sand. If so, the petitioner, as
held in Subramonian v. State of Kerala – 2009 (1) KLT 77, can move
the District Collector for interim custody of the vehicle in case there is
delay in concluding the proceedings for confiscation. Reserving the said
right of the petitioner, this Revision is dismissed.
Dated, this the 10th day of February, 2009.
Sd/-V. Ramkumar, Judge.
/true copy/