The petitioner's vehicle bearing No.KL-13-C-5110 has been seized by the second respondent alleging transportation of river sand without permit. It seems a crime has been registered against the petitioner by the second respondent. The petitioner seeks release of the vehicle.
2. In view of the alternative remedy available to the petitioner under section 23 A of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, the petitioner shall approach the competent jurisdictional Magistrate for interim custody of the vehicle. If the petitioner moves an application for interim custody, that application shall be considered by the competent Magistrate within ten days from moving of such application. The first respondent is directed to finalise the proceedings within a period of two months.
3. The petitioner's case is that the substance is not river sand. Therefore the petitioner shall approach the first respondent for sending the substance for analysis report by the Director of
W.P.(C)No.27977 of 2014
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Mining and Geology. If such a request is made by the petitioner, the sample shall be sent for analysis within two weeks. The sample shall be taken in the presence of the petitioner. Thereafter the Director of Mining and Geology shall send his report within two weeks. Based on the report of the Director of Mining and Geology, the first respondent shall conclude the proceedings within the time indicated above.
The writ petition is disposed of as above.
vpv
Sd/-
A.MUHAMED MUSTAQUE JUDGE