O R D E R

The petitioner is the accused in a crime registered under the provisions of the Kerala Abkari Act. His vehicle was seized by the police on the allegation that it was used for illicit transportation of I.M.F.L. The vehicle has been seized. Seizure was reported to the learned Magistrate. The vehicle is now being proceeded against under Section 67B of the Kerala Abkari Act. The petitioner filed an application before the learned Magistrate for release of the vehicle under Section 451/457 Cr.P.C. Inasmuch as the vehicle is involved in proceedings under Section 67B of the Kerala Abkari Act, the learned Magistrate rejected the prayer for interim release of the vehicle under Section 451/457 Cr.P.C.

2. The learned counsel for the petitioner submits that the mere initiation of proceedings under Section 67B of the Kerala Abkari Act is no reason for the learned Magistrate not to exercise his jurisdiction under Section 451/457 Cr.P.C to direct Crl.M.C.No.3115/07 2 interim release of the vehicle. In these circumstances, it is prayed that the vehicle may be directed to be released to the petitioner after setting aside the order concerned.

3. The learned Public Prosecutor opposes the applic