JUDGMENT

The petitioner is the registered owner of a goods vehicle bearing registration No.KL-59-C-9610. The said vehicle was seized by the third respondent on 10.11.2013 on the allegation that it was used to transport river sand without a valid pass. Thereupon Crime No.671/2013 of Vidyanagar Police Station was registered against the petitioner alleging commission of the offence punishable under section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. It is contended that the sand carried in the vehicle was not river sand but sea sand and that if a sample had been taken and tested, it could have been found that the sand carried in the vehicle is not river sand as alleged by the Police but sea sand. It is also contended that notwithstanding the fact that the vehicle was seized on 10.11.2013 till date such a step has not been taken and the petitioner's vehicle has not been released to him. In this writ petition the petitioner prays for an order directing the respondents to release the goods vehicle bearing registration No.KL-59-C-9610 to him forthwith.

2. A Full Bench of this Court has in Shan C.T. v. State of Kerala [2010 (3) KLT 413] directed th