1. This is an application filed by the petitioner challenging the condition imposed by the court below for releasing the vehicle in Crl.M.P.5186 of 2013 in Crime No.345 of 2013 of Vidyanagar police station of Kasaragod District on the files of Judicial First Class Magistrate Court, No-I, Kasaragod under Section 482 of Code of Criminal Procedure.

2. It is alleged in the petition that petitioner is the owner of the MGV Tipper lorry with registration No.KL-14J 7128 which was intercepted by the Sub Inspector of Police, Vidyanagar police station when he found that the vehicle being used for alleged illegal transportation of river sand and he had registered the case as crime No.345 of 2013 of that police station under the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (Hereinafter called as Sand Act). The petitioner filed Crl.MP.No.5186 of 2013 for interim custody of the vehicle and the learned Magistrate after getting the value of the vehicle assessed through the Assistant Motor Vehicle Inspector allowed the application granting interim custody relying on the decision reported in Shan V State of Kerala 2010 (3) KLT 413 with conditio