JUDGMENT

The petitioner approached this Court aggrieved by the seizure of a Scooter under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 . Learned counsel would submit that a Scooter will not come within the purview of , only on an allegation that instructions were given by the 2^nd accused, sitting in the Scooter.

2. Having heard the learned counsel for the petitioner and the learned Government Pleader, this Court finds substance in the submission made by the learned counsel for the petitioner. A perusal of Ext.P1 F.I.R would indicate the facts as follows:-

On 26/3/2025, at 03.15 hours, a tipper lorry bearing No. KL 13 AT 5607 was found parked in the banks of the river, and a person was found sitting in a Scooter giving instructions. The lorry was parked for transportation of sand without any authorizing document, is the allegation levelled. The offence alleged is under Section 305(e) of the Bhartiya Nyaya Sanhita, 2023, and also, under Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 . 3. It could be seen that the solitary allegation pertaining to the use of Scooter is that, instructions