High CourtsSingle Bench(2024) 10 KL CK 0092

Ibrahim vs Sub Inspector Of Police

High Court Of Kerala · Decided on 17 October 2024

HON’BLE JUDGES
Dr. Kauser Edappagath, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.33610 Of 2024

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Judgment

5 paragraphs · 177 words

Dr. Kauser Edappagath, J

1.

The vehicle belonging to the petitioner was seized under the provisions of the Kerala Protection of River Banks and Removal of Sand Act, (for short 'the Sand Act') on the allegation that the petitioner illegally transported the river sand. Ext.P1 FIR has also been instituted. The petitioner has approached this Court seeking the release of the vehicle.

2.

I have heard the learned counsel for the petitioner Sri. P.M.Ziraj as well as the learned Government Pleader, Sri.Rajeev Jyothish George.

3.

The vehicle was seized under the Sand Act and was ordered to be produced before the Judicial First Class Magistrate Court-I, Tirur. The remedy open to the petitioner is to file an application under Section 497 of the Bharatiya Nagarik Suraksha Sanhita. If the petitioner files such an application, the Judicial First Class Magistrate Court-I, Tirur, is directed to dispose of the same, after hearing the petitioner, in accordance with law, within two weeks. All the contentions raised in the writ petition are left open.

The writ petition is disposed of accordingly.