Partly allowed

Sajith Kumar.R. v. Sub Inspector of Police

Kerala HC20 Sept 2014WP(C)/24378/2014

Case brief

AI extract

What is this about?

Writ petition filed for release of seized tipper lorry used for transporting gravel without a permit. The petitioner offered to compound the offence. The court directed the release of the vehicle upon payment of Rs.25,000 to compound the offence, barring further prosecution.

What did the court decide?

Direction to the Respondent to release the seized vehicle upon payment of Rs.25,000 to compound the offence.

Sajith Kumar.R. Vs Sub Inspector of Police — Writ and Judicial Review | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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SATURDAY, THE 20TH DAY OF SEPTEMBER 2014/29TH BHADRA, 1936

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WP(C).No. 24378 of 2014 (V)

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PETITIONER(S)/PETITIONER:

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SAJITH KUMAR.R., S/O.RADHAKRISHNAN.R, POIKAKUTTIYIL SAJITH BHAVAN, POOZHIKADU, KUDASANAD.P.O, ADOOR.

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BY ADV. SMT.ASHA ELIZABETH MATHEW

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RESPONDENT(S)/RESPONDENT:

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SUB INSPECTOR OF POLICE, POLICE STAITION, NOORANAD. R1 BY GOVERNMENT PLEADER SHRI K.C.VINCENT

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.T.O.

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WP(C).No. 24378 of 2014 (V)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXT.P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF TIPPER LORRY BEARING REGISTRATION NO:KL-31-C/4231.

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EXT.P2 A TRUE COPY OF THE MAHAZAR IN RESPECT OF THE SEIZURE OF TIPPER LORRY BEARING REGISTRATION NO:KL-31-C/4231.

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RESPONDENT(S)' EXHIBITS: NIL

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//TRUE COPY//

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P.S.TO JUDGE

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A. MUHAMED MUSTAQUE, JUDGE

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W.P.(C)No.24378 OF 2014

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...................................................................... Dated this the 20^th day of September, 2014

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JUDGMENT

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The petitioner's vehicle bearing registration No.KL-31-C-4231 has been seized for transporting Gravel without permit. The petitioner has expressed willingness to compound the offence in terms of Rule 60(A) of the Kerala Minor Mineral Concession Rules.

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In view of the above, there shall be a direction to the Respondent to release the vehicle on payment of Rs.25,000/(Rupees twenty-five thousand only) to compound the offence. On payment of the amount as above, the vehicle shall be released to the petitioner. Needless to say, once the offence is compounded, no prosecution proceedings shall be initiated against the petitioner in respect of the incident which led to the instant writ petition. If a report has already been lodged in the competent criminal court, a further report to the effect that the offence has been compounded shall also be filed. The writ petition is disposed of as above.

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Sd/-

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A. MUHAMED MUSTAQUE, JUDGE

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//true copy//

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P.S. to Judge

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St/-

Sajith Kumar.R. v. Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Sajith Kumar.R. v. Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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