Petitioner's vehicle bearing registration No.KL-57-939 has been involved in transporting red earth without any permit. Petitioner submits that he has not committed any offence. His vehicle was transporting red earth on the strength of Exts.P2 and P3 issued by the authorities. Petitioner seeks custody of the vehicle.
2. Learned Government Pleader opposed the application. It is submitted that based on the final order to be passed by the Court which takes cognizance of offence, petitioner's vehicle is liable to be confiscated.
3. There is no provision as such for granting interim custody of the vehicle. The vehicle can be confiscated only based on the final order to be passed by the competent court. Considering the nature of allegation against the petitioner, vehicle shall be released to the petitioner on executing a bond with two solvent sureties before the third respondent. It is made clear that respondents are free to proceed or prosecute the petitioner in accordance with law.
The Writ Petition is disposed of as above.
Sd/-
Sbna/19/11/14 A.MUHAMED MUSTAQUE, JUDGE.