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4. While assailing the allegations against the petitioners, the learned counsel for the petitioners mainly asserted two points. The first point is that, insofar as imposition of lesser fine by the petitioners as alleged by the prosecution is concerned, the same would not stand in the eye CRL.MC 7077 OF 2025 4 2025:KER:96211 of law. In view of the decision of this Court in Annexure A2, a batch of writ petitions, i.e. W.P.(C).No.14605/2015 (A) and other cases, this Court considered the question as to whether any minimum amount for compounding the offence of this nature by the Government. In paragraph No.24 of the said judgment after referring the compounding provision in Kerala Minor Mineral Concession Rules, 2015 (for short, 'the KMMC Rules 2015' hereinafter), this Court found that no clear guidelines were laid down as to how the fee should be determined and unbridled power on the authority to exercise discretion either excessively, prejudicing an alleged offender or subverting the deterrent measure intended by the Legislature and the executive Government by levy of nominal fees, could be gathered. At the same time, this Court found that the penal provision in the Mines and Minerals (Development and Regulation) Act, 1957 (for short, 'the MMDR Act, 1957' hereinafter), if taken as a guideline, the compounding exercise CRL.MC 7077 OF 2025 5 2025:KER:96211 could not be left to the absolute discretion of the authority. Thus, the argument of the learned counsel for the petitioners is that thereafter Annexure A3 G.O.(Ms) No. 51/2017/ID, dated 21.06.2017 was issued by the Industries Department of the Government of Kerala prescribing a minimum compounding fee, and prior to that, no minimum compounding fee had been fixed. Therefore, the fixation of a lesser amount as compounding fee, in the absence of any minimum limit, by exercising the discretion of the officers concerned, would not constitute an offence.

11. At this juncture, it is pointed out by the learned counsel for the petitioners that since the new G.O. came into force only with effect from 05.06.2015, insofar as the 4 th accused, Latheesh Kumar K., and the 7th accused, Valakkulavan Sreedharan, are concerned, they had exercised the said power before the new G.O. came into force and therefore, the action taken by them is governed by Annexure A14 G.O. It is also submitted that since no minimum compounding fee was effected, and as per Annexures A5 to A12, the Geologists who CRL.MC 7077 OF 2025 20 2025:KER:96211 were empowered under the new G.O. also imposed a fine to the tune of Rs.5,000/-, no loss has been sustained to the Government.

15. Now comes the significance of the contention raised by the learned counsel for the petitioners that, even if, on account of a misunderstanding or without notice of the subsequent G.O., the 2nd accused compounded the offences, no monetary loss was caused to the State. This is for the reason CRL.MC 7077 OF 2025 23 2025:KER:96211 that no minimum compounding fee had been prescribed during the relevant period; and, as is evident from Annexures A5 to A12, even the Geologists, who were duly empowered under the new G.O., had not imposed any minimum compounding, since no minimum fee had been fixed by the Government. In such circumstances, the mere fixation of a lesser amount by the 2 nd accused, prior to the coming into force of the G.O. prescribing a minimum compounding fee, cannot, by itself, be construed as constituting any offence.

CORRUPTION BUREAU, NORTHERN RANGE POLICE STATION, KOZHIKODE REGISTERED AGAINST THE PETITIONERS AND 6 OTHERS Annexure A2 A TRUE COPY OF THE JUDGMENT DATED 26/06/2015 IN WP(C) NO.14605/2015 OF THIS HON'BLE COURT DIRECTING THE GOVERNMENT TO THE EFFECT TO PREPARE A COMPREHENSIVE RULES, BY BRING IN APPROPRIATE AMENDMENTS TO THE RULES, PROVIDING FOR CLEAR GUIDELINES FOR FIXING THE FINE FOR COMPOUNDING THE OFFENCE Annexure A3 A TRUE COPY OF G.O(MS)NO.51/2017/ID DATED 21/06/2017 MOULDING THE COMPOUNDING PROVISIONS, FIXING MINIMUM COMPOUNDING FEE FOR RELEASING THE VEHICLES SEIZED IN CONNECTION WITH ILLEGAL TRANSPORTATION OF MINERALS Annexure A4 A TRUE COPY OF THE RELEVANT PARTS OF THE FILE RELATING TO THE DEPARTMENTAL PROCEEDINGS AGAINST THE 1ST PETITIONER Annexure A5 TRUE COPY OF THE T.R RECEIPTS DATED 09/01/2015 FOR RS.5,000/- COLLECTED FROM THE OWNER OF THE VEHICLE BEARING NO.KL-56 2080 TOWARDS COMPOUNDING FEE FOR HAVING ILLEGALLY TRANSPORTED MINOR MINERAL ISSUED BY THE GEOLOGIST, KOZHIKODE Annexure A6 TRUE COPY OF THE T.R RECEIPTS DATED 09/01/2015 FOR RS.5,000/- COLLECTED FROM THE OWNER OF THE VEHICLE BEARING NO. KL-11 AJ 6586 TOWARDS COMPOUNDING FEE FOR HAVING ILLEGALLY TRANSPORTED CRL.MC 7077 OF 2025 26 2025:KER:96211 MINOR MINERAL ISSUED BY THE GEOLOGIST, KOZHIKODE Annexure A7 TRUE COPY OF THE T.R RECEIPTS DATED 09/01/2015 FOR RS.5,000/- COLLECTED FROM THE OWNER OF THE VEHICLE BEARING NO.KL-10 AJ 1748 TOWARDS COMPOUNDING FEE FOR HAVING ILLEGALLY TRANSPORTED MINOR MINERAL ISSUED BY THE GEOLOGIST, KOZHIKODE Annexure A8 TRUE COPY OF THE T.R RECEIPTS DATED 30/01/2015 FOR RS.5,000/- COLLECTED FROM THE OWNER OF THE VEHICLE BEARING NO.KL-18 C 1938 TOWARDS COMPOUNDING FEE FOR HAVING ILLEGALLY TRANSPORTED MINOR MINERAL ISSUED BY THE GEOLOGIST, KOZHIKODE Annexure A9 TRUE COPY OF THE T.R RECEIPTS DATED 30/01/2015 FOR RS.5,000/- COLLECTED FROM THE OWNER OF THE VEHICLE BEARING NO.KL-58 B 4768 TOWARDS COMPOUNDING FEE FOR HAVING ILLEGALLY TRANSPORTED MINOR MINERAL ISSUED BY THE GEOLOGIST, KOZHIKODE Annexure A10 TRUE COPY OF THE T.R RECEIPTS DATED 30/01/2015 FOR RS.5,000/- COLLECTED FROM THE OWNER OF THE VEHICLE BEARING NO.KL-56 A 5276 TOWARDS COMPOUNDING FEE FOR HAVING ILLEGALLY TRANSPORTED MINOR MINERAL ISSUED BY THE GEOLOGIST, KOZHIKODE Annexure A11 TRUE COPY OF THE T.R RECEIPTS DATED 31/01/2015 FOR RS.5,000/- COLLECTED FROM THE OWNER OF THE VEHICLE BEARING NO.KL-57 E 918 TOWARDS COMPOUNDING FEE FOR HAVING ILLEGALLY TRANSPORTED MINOR MINERAL ISSUED BY THE GEOLOGIST, KOZHIKODE Annexure A12 TRUE COPY OF THE T.R RECEIPTS DATED 31/01/2015 FOR RS.5,000/- COLLECTED FROM THE OWNER OF THE VEHICLE BEARING NO.KL-58 B 7048 TOWARDS COMPOUNDING FEE CRL.MC 7077 OF 2025 27 2025:KER:96211 FOR HAVING ILLEGALLY TRANSPORTED MINOR MINERAL ISSUED BY THE GEOLOGIST, KOZHIKODE Annexure A13 A TRUE COPY OF THE PROCEEDINGS DATED NIL OF THE FINANCE DEPARTMENT RELATING TO SEIZURE OF THE VEHICLES INVOLVED IN THE PRESENT CASE Annexure A14 A TRUE COPY OF THE G.O DATED 22/06/1995 RESPONDENTS' ANNEXURES : NIL