Section 23A(2) in The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001
(2)Where a report under sub-section (1) is received before the Judicial Magistrate having jurisdiction, steps thereon, not contrary to the other provisions of this Act, shall be taken as per the provision of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and if no claim is raised regarding the articles seized or where the Court is satisfied that the application to release them is not satisfactory, they shall be subjected to confiscation user sub-section (4):Provided that the release of the properties seized to any person for its safe custody to any person or its disposal shall be on sufficient security and such release or disposal shall only be till the completion of the confiscation proceeding under this Act:Provided further that the sand seized shall not for any reason be released to any person and the same shall be subjected to confiscation under sub-section (4).
