Kerala High Court
Venkappa vs State Of Kerala on 13 December, 2016
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 30TH DAY OF JANUARY 2017/10TH MAGHA, 1938
Crl.MC.No. 7196 of 2016 ()
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CRIME NO. 583/2016 OF MANJESWAR POLICE STATION , KASARGOD
PETITIONER(S)/ACCUSED :
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VENKAPPA
AGED 35 YEARS, S/O. LAKSHMAN SWAMI, HOUSUR HOUSE,
BEDAMI P.O., BEDAMI TALUK, BAGALKOTTA DISTRICT.
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT(S)/COMPLAINANT:
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1. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
REPRESENTED BY SUB INSPECTOR OF POLICE,
MANJESWAR POLICE STATION, KASARAGOD DISTRICT IN
CRIME NO.583/2016.
2. SUB INSPECTOR OF POLICE
MANJESWAR POLICE STATION, KASARAGOD DISTRICT.
* ADDL.3 THE DIRECTOR OF MINING AND GEOLOGY, OFFICE OF THE MINING
AND GEOLOGY, KESAVADASAPURAM, PATTOM, THIRUVANANTHAPURAM-695 001.
R BY PUBLIC PROSECUTOR SRI.T.R.RANJITH
(ADDL. R3 IS IMPLEADED AS PER ORDER DATED 13.12.2016 IN CRL.M.A
NO.12801/2016.)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7196 of 2016 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE 1 COPY OF THE FIRST INFORMATION REPORT IN CRIME
NO.583/2016 OF MANJESWAR POLICE STATION, KASARAGOD DISTRICT.
ANNEXURE 2 COPY OF CERTIFICATE DATED 18.10.2016 ISSUED BY THE
COMMERCIAL TAX OFFICER (ADMINISTRATION) COMMERCIAL TAX CHECK POST,
BANKARA MANJESHWARAM.
ANNEXURE 3 COPY OF THE INVOICE DATED 3.10.2016 ISSUED FROM
PULIMOOTTIL ENTERPRISES, PLOT NO.1248 CHAULIAGANJM-VIHAR, CUTTAK,
ODISHA.
ANNEXURE 4 COPY OF THE ADVANCE TAX UTILIZATION RECEIPT DATED
5.10.2016 ISSUED BY KERALA COMMERCIAL TAXES DEPARTMENT.
ANNEXURE 5 COPY OF THE DELIVERY NOTE DATED 5.10.2016 ISSUED BY
GOVERNMENT OF KERALA, COMMERCIAL TAXES DEPARTMENT.
RESPONDENT'S EXHIBITS: NIL
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TRUE COPY
PA TO JUDGE
Scl.
SUNIL THOMAS, J.
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Crl.M.C. No. 7196 of 2016
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Dated this the 30th day of January, 2017
ORDER
The petitioner herein is the driver of the vehicle No.AP- 16-TD/6657. The vehicle was intercepted on 5.10.2016 at about 8.15 a.m. on an allegation that the vehicle was used for transporting stolen sand. Crime was registered for the offence punishable under Sections 20 and 23 of the Kerala Protection of River Bank and Regulation of Removal of Sand Act and Section 379 of IPC.
2. The contention of the petitioner herein is that the sand was purchased by him vide Annexure-3 and supported by necessary documents regarding its transportation.
3. The learned Public Prosecutor on instructions submitted that the records maintained at the check post indicates that the vehicle passed through the check post on 5.10.2016 at 6.30 a.m, evidenced by VCR No.1853. The vehicle was intercepted on 5.10.2016 at 8.15 a.m. Crl.M.C. No. 7196 of 2016 -2-
4. Having regard to the entire facts, I am satisfied that the sand was being transported with valid documents. In the light of the above, offences under Section 379 and the Sand Act are liable to be quashed.
This will not stand in the way of the authority initiating proceedings under the MMDR Act. If they proceed, the petitioner herein will be entitled to get the matter compounded in accordance with law with the third respondent at the earliest. Thereafter, the vehicle shall be released to the petitioner herein along with the sand.
This Crl.M.C. is disposed of as above.
Sd/-
SUNIL THOMAS JUDGE Scl/30.01.2017