Kerala High Court
Shanker vs State Of Kerala on 14 December, 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 17TH DAY OF FEBRUARY 2017/8TH MAGHA, 1938
Crl.MC.No. 889 of 2017 ()
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CRIME NO. 66/2017 OF HOSDURG POLICE STATION , KASARGOD
PETITIONER(S)/ACCUSED:
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SHANKER
AGED 35 YEARS, S/O. GANESHA, PAIKA HOUSE,
KODMAN PO., BANTWAL, D.K.DISTRICT, KARNATAKA
BY ADVS.SMT.HEMALATHA
SRI.BINU GEORGE
RESPONDENT(S)/STATE:
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STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
R BY PUBLIC PROSECUTOR:SRI AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
17-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 889 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1: A TRUE COPY OF FIR IN CRIME NO.66/2017OF HOSDURG
POLICE STATION
ANNEXURE A2: A TRUE COPY OF SEIZURE MAHAZAR IN CRIME NO.66/2017
OF HOSDURG POLICE STATION
ANNEXURE A3: A TRUE COPY OF GOVERNMENT ORDER DATED 14.12.2009
ANNEXURE A4: A TRUE COPY OF CIRCULAR NO.52289/P3/2010/REVENUE
DATED 11.11.2010
ANNEXURE A5: A TRUE COPY OF JUDGMENT DATED 12.10.2015 IN WPC
25313/2015
ANNEXURE A6: A TRUE COPY OF INVOICE NO.651DATED 14/01/2017
ISSUED BY MS/ SARALA TRADING. ARANA, NALIBARA,
ANNEXURE A7: A TRUE COPYOF ADVANCE TAX UTILIZATION RECEIPT
DATED 20.01.2017
ANNEXURE A8: A TRUE COPY OF THE FORM NO.15 DELIVERY NOTE DATED
20.01.2017
ANNEXURE A9: A TRUE COPY OF CERTIFICATE DATED 21.01.2017
ANNEXURE A10: A TRUE COPY OF JUDGMENT DATED 30.8.2016 IN
CRLMC.NO.5246/2016
RESPONDENT(S)' EXHIBITS:NIL
True Copy / P A to Judge
SUNIL THOMAS, J.
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Crl.M.C.No.889 of 2017
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Dated this the 17th day of February, 2017
ORDER
Petitioner herein stands arrayed as accused in crime No.66 of 2017 of Hosdurg Police Station for offences punishable under section 379 of Indian Penal Code and sections 20 and 21 of Kerala Protection of River Bank and Regulation of Removal of Sand Act.
2. The prosecution alleged that on 20.01.2017 at 9.30 hours, petitioner herein was found illicitly transporting river sand in lorry No.KA-19AA-8596. The vehicle was intercepted and crime was registered. Petitioner contends that the river sand was purchased validly evidenced by Annexure-A6 invoice and it was being transported supported by valid documents as Annexures-A7 to A9. It was hence contended that the offences alleged against the petitioner would not survive.
3. Learned Public Prosecutor on instructions submitted that the vehicle had crossed the interstate check post on 20.01.2017 at 6.40a.m. The interception was within 3 hours thereafter at 9.30hours.
Crl.M.C.889/17 2
4. Having considered this, I am satisfied that there are sufficient materials to indicate that the river sand was purchased validly. In the absence of anything to doubt about Annexures-A6 to A9, I am satisfied that the sand was brought with valid supporting documents. Having considered this, the offences punishable under section 379 IPC and the Sand Act will not survive.
5. However, this will not preclude the competent authority from initiating the proceedings under the MMDR Act, which may be initiated at the earliest by the competent authority. The right of the petitioner herein to get the matter compounded is also reserved subject to statutory rules and provisions. In the event of the matter being compounded, the vehicle along with the sand shall be released in accordance with the Rules.
Crl.M.C is disposed of as above.
Sd/-
SUNIL THOMAS Judge Sbna/17/2/17 True Copy / P A to Judge