The petitioner's vehicle bearing registration No.KL-60-D- 9685 has been seized alleging transportation of river sand. The first respondent, in fact, granted interim custody. However, imposed a condition that the petitioner should deposit 25% of the value of the vehicle and the Bank guarantee for the balance 75%. It is challenging this order, this writ petition is filed. 2. The petitioner submitted that he may be permitted to move the competent jurisdictional Magistrate under Section 23A of the Protection of River Banks and Removal of Sand Act 2001 seeking interim custody of the vehicle. The learned Government Pleader submits that seizure was before the amendment of the Act and, therefore, the petitioner cannot seeks such remedy.
3. I am of the view that when the confiscation W.P.(c).No. 29877 of 2014 : 2 :
proceedings are pending, the petitioner can avail such remedy. That does not depend upon the date of seizure. But, on the other hand, it depends upon pendency of the confiscation proceedings. In view of the confiscation proceedings, the 2nd respondent shall report before the jurisdictional police and jurisdictional police thereafter shall report before the competent jurisdictional Magistrate about the seizure of the vehicle. This shall be done within a period of one week from the date of receipt of a copy of this judgment. If the petitioner moves an application for obtaining the interim custody before the jurisdictional Magistrate, that shall be considered within a period of ten days of moving of such application. The first respondent shall conclude the confiscation proceedings within a period of six weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk /true copy/ PS to Judge.
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