O R D E R

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1.A tipper lorry bearing registration No.KL-16-F-1501 was seized by the 1st respondent on 11.3.2016 alleging violation of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 (“MMDR Act” for short). Seizure was reported before the learned Magistrate. The petition seeking interim custody of the vehicle was allowed by the court below as per Annexure-2 order subject to conditions. The petitioner is aggrieved by condition Nos.(b), (c) and (d) of the above order.

2.Heard the rival submissions.

3.It is submitted by the learned counsel that the learned Magistrate relied on the judgment of this Court inShan v. State of Kerala (2010 (3) KLT 413 [FB]) while imposing the onerous conditions. The learned counsel urges that the said judgment was rendered while dealing with vehicles seized under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The learned counsel also relies on the judgment of this Court inSasi v. State of Kerala (2013 (4) KLT 731) to contend that this Court has taken a view that the dictum of law laid down inShan (supra) cannot be made applicable while considering the applications seek