P. Ubaid, J.

The petitioner's vehicle No.TN/60/5055 is involved in a crime registered under the Kerala Protection of River Banks and Regulation of Removal of Sand Act (the Sand Act). The Sub Inspector of Police, Payyanur seized the said vehicle when river sand was being transported in the said vehicle illegally. On seizure the vehicle was produced by the Sub Inspector before the Sub Divisional Magistrate, Thalassery. It is not known whether the fact of seizure was reported to the Judicial First Class Magistrate Court having jurisdiction over that area. Any way the petitioner herein made an application before the Sub Divisional Magistrate for interim custody of the vehicle. The Sub Divisional Magistrate allowed the application on conditions. One condition is that the petitioner shall deposit 30% of the value of the vehicle assessed by the committee headed by the District Collector, and the other condition is that petitioner shall furnish bank guarantee for the other 70% of the value. The said order passed by the Sub Divisional Magistrate, Thalassery on 26.12.2014, in proceedings G2-15342/2013 is under challenge herein. The petitioner challenges the said order on two groun