The petitioner's vehicle bearing registration No.KL-35- 2624 has been seized alleging transportation of river sand without permit. Ext.P3 is the proceedings of the District Collector ordering confiscation of the vehicle. The vehicle has been released to the petitioner based on an interim order issued by this Court on depositing of Rs.1.5 lakhs and also offering security for the balance amount. According to the petitioner, he has pass for transporting the river sand. Ext.P2 is the pass. Ext.P2 pass indicates that the time was upto 11.30 am. The vehicle was seized by the police at 11.50 am. In the proceedings before the District Collector, the Secretary of the Panchayat who issued the pass to the petitioner admitted that the petitioner is having valid pass and there was a correction in the pass that was done by the Secretary. However, the District Collector found that the
WP(C).No.19191/2012-Y.
2 petitioner was unable to produce any valid pass and therefore the vehicle is liable to be confiscated. The question that arises for consideration is whether the petitioner was in possession of necessary pass to transport the river sand. The vehicle was seized at around at 11.50 am. Admittedly, Ext.P2 pass have a validity upto 11.30 am. It is true that the validity of the pass was expired at the time of seizure. However, as seen from the mahazar itself, the distance from the kadavu to the place where the vehicle was seized is around 2.5 kms. Therefore, in all probable estimate the vehicle was loaded with sand at least before 11.30 am. The District Collector did not advert to the statement given by the Secretary of the Panchayat. The District Collector has no case that the Secretary has given the statement only to help the petitioner. The officials of the Panchayat need not be disbelieved. In such circumstances, the punishment meted out to the petitioner of confiscation of the vehicle is unsustainable and therefore, I am of the view, Ext.P3 order is unsustainable. In view of
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3 the above, Ext.P3 is set aside. The petitioner had made a deposit pursuant to the interim direction. There shall be a direction to release the deposit made by the petitioner and also to release the security furnished by him. Needful shall be done within a period of three weeks.
Writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge)
Kvs/-
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