The petitioner's vehicle bearing registration No.KL-57-G-7702 has been seized alleging transportation of river sand without permit. The petitioner seeks an interim custody of the vehicle. In view of the alternate remedy available to the petitioner under Section 23 A of the Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short, the “Sand Act”), he shall approach the competent Jurisdictional Magistrate for interim custody of the vehicle.
In view of the above, there shall be a direction to the second respondent to report seizure of the vehicle before the competent Jurisdictional Magistrate within three days from the date of receipt of a copy of this judgment. If the petitioner moves an application for interim custody, the application shall W.P.(C) No.30563 of 2014 2 be considered within ten days from moving of such application in terms of Section 23 A of the Sand Act by the competent Jurisdictional Magistrate. There shall be a further direction to the first respondent to conclude the entire proceedings relating to confiscation within a period of two months after affording an opportunity of hearing to the petitioner.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln