P. Ubaid, J.

1. A vehicle belonging to the revision petitioner was seized by the Sub Inspector of Police, Attingal under S. 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, 'the Act'), when he found red earth being transported in the said vehicle in violation of S. 4(1A) of the Act. On seizure, the Sub Inspector, suo motu, registered a crime against the revision petitioner. However, seizure of the property was not reported to the learned Magistrate having jurisdiction. When nothing proceeded further at the hands of the police, the revision petitioner moved the learned Judicial First Class Magistrate Court-I, Attingal with C.M.P. No. 3608/2014 under S. 457 Cr.P.C., for getting custody of the vehicle seized by the police. The vehicle involved is a tipper lorry bearing No. KL-16-L-4739. Seizure was made by the police on 21.7.2014. The application filed by the revision petitioner under S. 457 Cr.P.C. was resisted by the prosecution on the contention that the fact of seizure has already been reported to the District Collector, and that the vehicle is liable for confiscation by the District Collector. The legal objection raised by the prosecution is