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 conditions inter alia that the petitioner shall deposit Rs..1,44,000/-of the amount assessed by the authorities and furnish bank guarantee or property security for the balance amount with other conditions. The condition directing the petition is to deposit the amount and furnish bank guarantee or property security are being challenged by the petitioner by filing this petition.

3. Heard the counsel for the petitioner and the learned Public prosecutor.

4. Counsel for the petitioner submitted that after the decision relied on by the learned Magistrate the Act was amended by incorporating Section 23A which has come in to force with effect from 25.11.2012 and there such a conditions has not been contemplated and a discretion was given to the Magistrate to fix the security which has not been taken note by the learned Magistrate. So the counsel prayed for allowing the application by modifying the condition.

5. The application opposed by the learned Public Prosecutor on the ground that even after the amendment there is no change in the dictum laid on the decision relied on by the Court below.

6. It is an admitted fact that the petitioner is the registered owner of the MGV Tipper lorry with registration No.KL-14J 7128 which was seized by Vidyanagar police when it was found transporting with sand in that vehicle which according to the prosecuting officer that it was a river sand transported in violation of the provisions of the Sand Act. The learned Magistrate has relied on the decision reported in Shan V State of Kerala [2010(3) KLT 413] which was later followed by this Court in Sujith V State of Kerala [2012(2) KLT 547] for imposing the condition.

7. But after the decision of this Court the legislature had amended the Sand Act by addition Section 23A which reads as follows:-

"23A. Confiscation of sand, vehicles, etc., (1) where any property is seized under Section 23, the officer seizing such property shall seal all such properties for indicating that the same is seized and shall, whether prosecution proceedings have been initiated or not, within forty eight hours of such seizure make a report of such seizure before the Judicial Magistrate and before the Sub Divisional Magistrate having jurisdiction over the area from where the said properties are seized and the fact of such seizure shall be informed to the Station House Officer of the Police Station, having jurisdiction over the area. Where information regarding such seizure of propriety is received, the Police Officer concerned shall take steps under Section 102 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)."

(2) Where a report under sub-section (1) is received before the Judicial Magistrate having jurisdiction, steps thereon, not contrary to the other provisions of this Act, shall be taken as per