JUDGMENT

The vehicle belonging to the petitioner bearing registration No.KL-10-V-9946, was seized on 27.3.2009. Thereafter, proceedings were initiated under Section 17 of the Kerala Anti Social Activities (Prevention) Act, 2007, alleging that the vehicle was used for illicit transportation of river sand. Petitioner's explanation was not accepted and Ext.P3 order was passed directing that the vehicle be released on interim custody subject to certain conditions. This has been challenged in this writ petition. Petitioner has mounted a challenge against the validity of Section 17 of the Kerala Anti Social Activities (Prevention) Act, 2007.

2. A Division Bench of this Court in Writ Petition No.9925/2009 and connected cases, has declared that the vehicles cannot be seized for transportation of river sand relying on the vague provisions of Section 17 of the Act. In such cases, they have to be dealt with under Section 23 of the Kerala WPC 15732/2009 2 Protection of River Banks and Regulation of Removal of Sand Act, 2001. The Division Bench has issued the following directions.

“The confiscation order, if any, passed in any of the cases will stand quashed. In all cases, irrespective of whether