Shahid vs The Revenue Divisional Officer and The Sub Inspector of Police, Tanur

P.R. Ramachandra Menon, J.—The petitioner is the owner of the vehicle bearing No.KL-07-AN-7318. The said vehicle was seized by the 2nd respondent alleging illegal transportation of river sand in violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The case of the petitioner is that, he had not transported any sort of river sand. The petitioner has submitted Ext.P2 representation before the 1st respondent to finalize the adjudication proceedings, but the same is not considered till date and hence the writ petition.

Heard the learned Government Pleader as well.

In the said circumstance, the 1st respondent is directed to consider the claim for interim custody of the vehicle within two weeks, subject to satisfaction of the conditions as per the Full Bench decision of this Court reported in Shan Vs. State of Kerala, . Operative portion of the said judgment as contained in paragraphs 12 and 13 reads as follows:

Having regard to the facts and circumstances of the case, we are of the opinion that interim custody of the vehicle can be granted on condition that the owner of the vehicle deposits 30% of the value of the vehicle as determined by the appropriate authority under the Motor Vehicles Act in cash and a further condition that the owner of the vehicle should provide either a bank guarantee or immovable property security for the balance of the value of the vehicle. The amount so deposited and the security furnished would follow the final outcome of the confiscation proceedings.

We also deem it appropriate to direct that the proceedings under S. 23 of the above mentioned Act confiscating the vehicle shall be concluded within six weeks from the date of seizure of the vehicle as far as possible, in which case the need to consider the interim custody of the vehicle may not normally arise. But if for any reason the authorities under the Act are not able to conclude the proceedings within the period of six weeks mentioned above, the interim custody of the vehicle shall be given to the owner on the conditions specified earlier. It is also made clear that to avoid any controversy and the allegations of undue delay on the part of either party to the proceedings, the competent authority shall put the owner on notice within a period of three days of the date of seizure and the owner or any other person interested in the vehicle shall file his objections to the confiscation within a week thereafter.

It is made clear that, on final adjudication, if it is proved that the petitioner was transporting ''river sand'' in contravention of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, further proceedings shall be pursued in accordance with the law declared by Division Bench of this Court in Sujith Vs. State of Kerala, . The finalization of the adjudication proceedings shall be done within six weeks thereafter.

The petitioner will produce a copy of this judgment along with a copy of the Writ Petition before the 1st respondent for further steps. Writ petition is disposed of.