Kerala High Court
Rasheed 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 24TH DAY OF MARCH 2017/3RD CHAITHRA, 1939
Crl.MC.No. 1544 of 2017 ()
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CRIME NO. 78/2017 OF KASARAGOD POLICE STATION , KASARGOD
PETITIONER(S)/ACCUSED:
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RASHEED
S/O.HAMZA, H NO.15-293/G.B.,
THALAPPADY HOUSE, B.MOODA, BANTWAL, D.K.DISTRICT,
KARNATAKA STATE.
BY ADVS.SMT.HEMALATHA
SRI.BINU GEORGE
RESPONDENT(S):
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STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
R BY PUBLIC PROSECUTOR:SRI T R RANJITH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
24-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1544 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 : TRUE COPY OF FIR IN CRIME NO.78/2017 OF
KASARAGOD POLICE STATION
ANNEXURE A2 : A TRUE COPY OF GOVERNMENT ORDER DATED
14/12/2009
ANNEXURE A3 : A TRUE COPY OF CIRCULAR
NO.58289/P3/2010/REVENUE DATED 11/11/2010
ANNEXURE A4 : A TRUE COPY OF JUDGMENT DATED 12/10/2015
IN WPC 25313/2015
ANNEXURE A5 : A TRUE COPY OF INVOICE NO.0016 DATED
31/01/2017 ISSUED BY PULIMOOTIL ENTERPRISES, PLOT NO.1248
CHAULIAGANJM-VIHAR, CUTTAK, ODISHA
ANNEXURE A6 : A TRUE COPY OF ADVANCE TAX UTILIZATION
RECEIPT DATED 4/2/2017
ANNEXURE A7 : A TRUE COPY OF FORM NO.15 DELIVERY NOTE
DATED 4/2/2017
ANNEXURE A8 : A TRUE COPY OF CERTIFICATE DATED 6/2/2017
ANNEXURE A9 : A TRUE COPY OF JUDGMENT DATED 30/8/2016 IN
CRL.M.C NO.5246/2016
RESPONDENT(S)' EXHIBITS:NIL
True Copy / P A to Judge
SUNIL THOMAS, J.
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Crl.M.C.No.1544 of 2017
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Dated this the 24th day of March, 2017
ORDER
Petitioner herein stands arrayed as the accused in Crime No.78 of 2017 of Kasaragod Police Station for offences punishable under sections 379 of the Indian Penal Code and section 20 of the Kerala Protection of River Bank and Regulation of Removal of Sand Act.
2. It was alleged by the prosecution that on 04.02.2017 at 16.55 a.m., petitioner was found transporting river sand without necessary pass and permit. He ran away from the spot at the time of interception. Crime was registered and the investigation is progressing. According to the petitioner herein, he had purchased the sand by Annexure-A5 invoice and it was being transported by Annexures-A6 to A8 documents. It was hence contended that the various offences attributed to him would not survive.
3. Learned Public Prosecutor on instructions submitted that the vehicle had crossed the CTO check post at the interstate border on 04.02.2017. Interception of the vehicle was on the same day.
4. Having regard to these facts, especially in the light of Annexures-A5 to A8 documents, I am inclined to treat the documents as genuine and to hold that the sand was being Crl.M.C.1544/17 2 transported in accordance with law. Hence, offence under section 379 IPC r/w provisions of the sand Act will not survive. Hence, FIR to that extent stands quashed. This will not stand in the way of the authority initiating proceedings under the MMDR Act. If they so proceed, the petitioner herein will be entitled to get the matter compounded in accordance with law with the respondent within a reasonable time. Thereafter, the vehicle shall be released to the petitioner herein along with the sand.
Accordingly, Crl.M.C. is allowed.
Sd/-
SUNIL THOMAS Judge Sbna/24/3/17 True Copy / P A to Judge