Kerala High Court
Matevappa 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
WEDNESDAY, THE 18TH DAY OF JANUARY 2017/28TH POUSHA 1938
Crl.MC.No. 7195 of 2016 ()
---------------------------
CRIME NO. 585/2016 OF MANJESWAR POLICE STATION , KASARGOD
PETITIONER(S)/ACCUSED :
----------------------
MATEVAPPA
AGED 37 YEARS, S/O. BASAVAPPA, LOKAPURA,
LOKAPURA P.O., MUDALU TALUK, BAGALKOTTA DISTRICT.
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT(S)/COMPLAINANT:
--------------------------
1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031,
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
MANJESWAR POLICE STATION, KASARAGOD DISTRICT,
IN CRIME NO.585/2016.
PIN 682031
2. SUB INSPECTOR OF POLICE
MANJESWAR POLICE STATION,
KASARAGOD DISTRICT
*ADDL.R3 IMPLEADED
THE DIRECTOR OF MINING & GEOLOGY,
OFFICE OF THE MINING & GEOLOGY,
KESAVADASAPURAM, PATTAM,
THIRUVANANTHAPURAM-695 001
(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 13.12.2016 IN
CRL.M.A.12802/16)
BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7195 of 2016 ()
---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
ANNEXURE 1 COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.585/2016
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
-----------------------
//TRUE COPY//
P.A. TO JUDGE
dlk
SUNIL THOMAS, J.
---------------------------------
Crl.M.(C).No.7195 of 2016
--------------------------------------
Dated this the 18th day of January, 2017
ORDER
The petitioner is the sole accused in Crime No.585/2016 of Manjeshwar police station for offences punishable under sections 379 of the Indian Penal Code and Section 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001.
2. The vehicle belonging to him was seized on an allegation that on 6.10.2016 the accused had transported river sand in a lorry bearing No.AP-37-TB 4649 without authority. It was alleged that the vehicle was involved in various offences under section 379 IPC and Section 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001.
3. The learned Public Prosecutor on instructions submitted that the vehicle belonging to the petitioner herein had crossed the check post on 5.10.2016 and the entries tally with the records now produced by the Crl.M.(C).No.7195 of 2016 2 petitioner herein. It is evident that the soil was being transported with due records and documents. Hence offences under section 379 and Section 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001 are is not sustainable. In the light of the decision reported in [Prakash Naik Vs District Collector (2016 (4) KHC 915)], the petitioner herein will be entitled to get a benefit therein. Hence he will be free to seek compounding of the offence in accordance with law.
Crl.M.C is accordingly disposed of.
Sd/-
SUNIL THOMAS, JUDGE R.AV //True Copy// PA to Judge