Section 23A in The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001
23A. Confiscation of sand, vehicles, etc.
(1)Where any property is seized under section 23, the officer seizing such property shall seal all such properties for indicating that the same is seized and shall whether prosecution proceedings have been initiated or not within forty eight hours of such seizure make a report of such seizure before the Judicial Magistrate and before the Sub-Divisional Magistrate having jurisdiction over the area from where the said properties are seized and the fact of such seizure shall be informed to the Station House Officer of the Police Station, having jurisdiction over the area. Where information regarding such seizure of property is received, the police officer concerned shall take steps under section 102 of the Code of Criminal Procedure 1973 (Central Act 2 of 1974).(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).(3)Where a report under sub-section (1) is received before a Sub-Divisional Magistrate, a notice requiring to furnish in writing within the stipulated time as stated in the notice the reason if any for not confiscating the property seized under section 23 shall be issued to the owner of or the person having control of the vehicle tool, implements, loading equipment, or other article.(4)Where the owner of the properties seized or the person having control of the same does not furnish explanation or thee explanation given is not satisfactory and the Sub-Divisional Magistrate is satisfied that the properties seized under section 23 are to be confiscated he shall by an order confiscate the same and the fact shall be informed in writing to its owner or the person having its control:Provided that the owner of the properties seized or the person having its control shall be given the liberty to reclaim it, except sand by remitting an amount equal to the value of the confiscated articles, as fixed by the Collector in lieu of the properties confiscated:Provided further that the sand confiscated shall not for any reason be released by realising the value.(5)The amount received under sub-section (4) shall subject to the provision of section 23D, be remitted to the River Management Fund.(6)The sand confiscated under sub-section (4) shall be sold to Nirmithi Kendra or to 'Kalavara' at such rate, as may be fixed by the Public Works Department from time to time and such amount shall be remitted to the River Management Fund.(7)The confiscation under this section shall be in addition to the penalty provided for the offence under this Act.
