Allowed

Riyas.M.R v. State of Kerala

Kerala HC28 Jan 2016Crl.MC/303/2016

Case brief

AI extract

What is this about?

The Kerala High Court allowed Crl.M.C. No. 303 of 2016 filed by the first accused in CC No. 2106/2015, quashing prosecution proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The order rests on an analytical report identifying the seized material as beach sand rather than river sand.

What did the court decide?

The entire prosecution proceedings in CC No. 2106/2015 arising from Crime No. 1081/2014 are quashed. This Crl.M.C. is allowed.

Riyas.M.R Vs State of Kerala — Corruption | Kerala HC (2016)

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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 B.KEMAL PASHA

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THURSDAY, THE 28TH DAY OF JANUARY 2016/8TH MAGHA, 1937

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Crl.MC.No. 303 of 2016 ()

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-------------------------CRIME NO. 1081/2014 OF HOSDURG POLICE STATION.

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PETITIONER/ACCUSED NO.1:

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RIYAS. M.R., AGED 34 YEARS, S/O. ASHARAF, KULANGARA HOUSE, AARIYAL, P.O. KUDLU, KASARAGOD.

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BY ADV. SMT.R.PADMAKUMARI.

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RESPONDENTS/STATE & COMPLAINANT:

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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, KANHANGAD, KASARAGOD DISTRICT-671 121.

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BY PUBLIC PROSECUTOR SMT.P. MAYA.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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Crl.MC.No. 303 of 2016

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APPENDIX

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PETITIONER'S ANNEXURES:-

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ANNEXURE A1 :	THE TRUE COPY OF THE FIR IN CRIME NO.1081/2001 OF HOSDURG POLICE STATION.
ANNEXURE A2 :	THE CERTIFIED COPY OF THE CHARGE SHEET IN CC.2106/2015 ON THE FILES OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG.
ANNEXURE A3 :	THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE TIPPER LORRY KL-02-AD-8385.
ANNEXURE A4 :	THE TRUE COPY OF THE GOODS CARRIAGE PERMIT ISSUED TO THE TIPPER LORRY BEARING REGISTRATION NO.KL-02-AD-8385.
ANNEXURE A5 :	THE TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED TO THE REQUEST.
ANNEXURE A6 :	THE TRUE COPY OF THE RECEIPT ISSUED BY THE STATE BANK OF TRAVANCORE, KASARAGOD.
ANNEXURE A7 :	THE TRUE COPY OF THE VEHICLE PASS ISSUED TO TRANSPORT DRUDGED MATERIALS ON 13-10-2014.
ANNEXURE A8 :	THE TRUE COPY OF THE DAILY DREDGED MATERIAL SALE REGISTER WITH ABSTRACT.
ANNEXURE A9 :	THE ORIGINAL OF THE ANALYTICAL REPORT DTD. 06-02-2015 ISSUED BY THE SENIOR CHEMIST, CHEMICAL LAB, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE PO, THIRUVANANTHAPURAM.
ANNEXURE A10 :	THE TRUE COPY OF THE ORDER IN CRL.M.C. 2775/2015 DATED 13-07-2015.

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RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

B. KEMAL PASHA, J.

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Crl.M.C. No.303 of 2016

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Dated this the 28^th day of January, 2016

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~ ~ ~ ~ ~ ~

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Petitioner is the 1^st accused in CC No.2106/2015

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of the Judicial First Class Magistrate's Court-I, Hosdurg, which has arisen from Crime No.1081/2014 of Hosdurg Police Station registered for the offences under Sections 20

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and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

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The petitioner has produced Annexure-A9 analytical report, which shows that the analysis conducted at the Directorate of Mining and Geology has revealed that the material involved in the case is “Beach sand”. When the material involved is not river sand, the present prosecution proceedings will not lie and, therefore, the entire

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Crl.M.C.303/2016

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: 2 :

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prosecution proceedings in CC No.2106/2015 of the Judicial First Class Magistrate's Court-I, Hosdurg, which has arisen from Crime No.1081/2014 of Hosdurg Police Station, are liable to be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in CC No.2106/2015 of the Judicial First Class Magistrate's Court-I, Hosdurg, which has arisen from Crime No.1081/2014 of Hosdurg Police Station, are quashed.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/28/01

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// True Copy //

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PA to Judge

Riyas.M.R v. State of Kerala

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Riyas.M.R v. State of Kerala

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