High Court Kerala High Court

State Of Kerala vs P.G.Lathakumari on 20 October, 2008

Kerala High Court
State Of Kerala vs P.G.Lathakumari on 20 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1893 of 2008()


1. STATE OF KERALA, REPRESENTED BY THE
                      ...  Petitioner

                        Vs



1. P.G.LATHAKUMARI, D/O.GANGADHARAN NAIR,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :20/10/2008

 O R D E R
                 M. SASIDHARAN NAMBIAR, J.
                   ------------------------------------------
                   CRL.R.P. NO.1893 OF 2008
                   ------------------------------------------
             Dated this the 20th day of October, 2008


                               O R D E R

The State has filed the revision challenging the order

passed by Judicial First Class Magistrate, Thiruvalla in

Crl.M.P.8070 of 2007 in Crime 315 of 2007 wherein a petition

filed by first respondent under section 457 of Code of Criminal

Procedure for custody of lorry KL3-Q 7265 involved in

transportation of river sand in contravention to the provisions of

Kerala Protection of River Banks and Regulation of Removal of

Sand Act was allowed and interim custody was given on

executing the bond for Rs.20,000/- with two solvent sureties.

The order is challenged in this revision filed under section 397

read with section 401 of Code of Criminal Procedure contending

that section 457 of Cr.P.C. should not have been invoked by the

Court as no report was filed under section 102 of Cr.P.C.

2. Though notice was served on first respondent, she did

not appear.

3. The argument of the learned public prosecutor is that

CRRP 1893/08 2

even if the learned Magistrate is competent to grant interim

custody of the vehicle under section 457 of Cr.P.C. , the learned

Magistrate should have imposed necessary conditions as done

by this Court in Ahammed Kutty v. State of Kerala (2008 (1)

KLT 1068).

4. This Court has considered the effect of non filing of a

report as provided under section 102 of Cr.P.C. in a case where

the vehicle was seized under the provisions of Protection of

River Banks and Regulation of Removal of Sand Act, 2001. It

was held that in the absence of any specific provision under the

Special Act, provisions under sections 451 and 457 of Cr.P.C.

pertaining to interim custody of the properties seized under

Special Laws will have their full operation and if the seizing

officer is a revenue official, he shall hand over it to the police

who has a corresponding duty to register the crime and report

the seizure to the Magistrate and even if no report is filed, the

Magistrate is competent to grant interim custody as provided

under section 457 of Code of Criminal Procedure. Therefore the

order granting interim custody cannot be challenged.

5. There is force in the submission of the learned

CRRP 1893/08 3

Prosecutor that necessary conditions were not imposed by the

learned Magistrate. The impugned order is therefore quashed.

Learned Magistrate is directed to pass appropriate order in

Crl.M.P.8070 of 2007 imposing conditions, in the light of the

directions given by this Court in Ahammed Kutty’s case (supra).

Criminal Revision Petition is disposed of as above.

M. SASIDHARAN NAMBIAR,
JUDGE

Okb/-