Thus on an analysis of the provisions contained in Section 23A of the Sand Act I find that the right authority to release properties seized under Section 23 of the Sand Act, is infact the Judicial First Class Magistrate having jurisdiction over the area, and not the Sub Divisional Magistrate. It is very clear that the power of Sub Divisional Magistrate is only to decide on confiscation. Once he gets the report of seizure under Sub Section 1, the Sub Divisional Magistrate will have to initiate confiscation proceedings, he will have to give proper notice as required under Sub Section 3, to the person concerned, and under Sub Section 4 he is authorised to take appropriate decision regarding confiscation.
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 12TH DAY OF FEBRUARY 2015
Crl.MC.No. 294 of 2015 ()
KUMKUMA PRIYA R.Y. Vs STATE OF KERALA
Coram: MR. JUSTICE P. UBAID
