Disposed

Sameer Babu v. State of Kerala

Kerala HC11 Nov 2016Crl.MC/4750/2016

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an application to quash criminal proceedings under Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. While holding that the specific vehicle could not be confiscated due to lack of sand at the time of seizure, the court directed the investigation to continue and ordered the release of the vehicle pending further proce

What did the court decide?

The vehicle bearing registration No. KL-10-AA-8089 was directed to be released to the petitioner on undertaking to produce it when needed and maintain its value.

Sameer Babu Vs State of Kerala — Constitutional and Fundamental Rights | 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 RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 11TH DAY OF NOVEMBER 2016/20TH KARTHIKA, 1938

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Crl.MC.No. 4750 of 2016 () ---------------------------

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CRIME NO. 291/2016 OF EDAVANNA POLICE STATION , MALAPPURAM

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PETITIONER(S)/ACCUSED:

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1. SAMEER BABU AGED 22/16, S/O.MOINKUTTY, PUNNAPPALA (H), OTHAI, CHUNDAPPARAMBA, PERAKAMANNA (PO), MALAPPURAM DT.

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2. ABDUL HADI AGED 17/16 (MINOR), S/O.ABDUL NAZAR, NALAKATH (H), PADINJARE CHATHALLOOR, CHATHALLOOR (PO), MALAPPURAM DT. REPRESENTED BY HIS FATHER AND GUARDIAN, ABDUL NAZAR, S/O.MUHAMMED

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BY ADV. SRI.T.K.AJITH KUMAR

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RESPONDENT(S)/RESPONDENT:

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STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, EDAVANNA POLICE STATION, MALAPPURAM DT. PIN 676541, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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BY PUBLIC PROSECUTOR SRI. T.R. RENJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4750 of 2016 () ---------------------------

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APPENDIX

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PETITIONERS' ANNEXURES

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ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 291/2016 OF EDAVANNA POLICE STATION

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ANNEXURE A2 TRUE COPY OF THE SEIZURE MAHAZAR IN CRIME NO. 291/2016 OF EDAVANNA POLICE STATION

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RESPONDENT'S ANNEXURES:

NIL

TRUE COPY

P.A. TO JUDGE.

RAJA VIJAYARAGHAVAN.V., J

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Crl.M.C. No. 4750 of 2016

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- - - - Dated 11^th November, 2016

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ORDER

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1.This petition is filed under Section 482 of the Code of

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Criminal Procedure.

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2.On 19.7.2016, the lorry bearing registration No.KL-10-AA8089 driven by the 1^st petitioner was intercepted by the S.I of Police, Edavanna Police Station. Specks of sand were found in the back side of the vehicle. Under the premise that the said vehicle was used for violating the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter referred to as “Act 18 of 2001”), the said vehicle was seized and consequently Crime No.291 of 2016 was registered for the offences punishable under Sections 379 read with Section 34 of the IPC and Section 20 and 23 of the Act 18 of 2001.

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3.I have heard the learned Counsel appearing for the

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Crl.M.C. No.4750 of 2016 -2-

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petitioner as well as the learned Public Prosecutor .

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4.The learned counsel referring to Annexure A2 mahazar submits that the the initiation of criminal proceedings against the petitioner cannot be sustained as it is the admitted case of the prosecution that sand was not found in the vehicle and therefore there is no question of transportation.

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5.I have heard the learned Public Prosecutor as well and I have gone through Annexure 1 FIR and Annexure 2 seizure mahazer prepared at the time of seizure.

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6.Though it is stated that some specks of sand were found in the back side of the vehicle, no sample is seen to have been taken .

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7.Section 20 penalises a person who contravenes any of the provisions of the Act or the Rule framed there under. Since the investigation is at the early stages , this Court will not be justified in invoking the extraordinary powers

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to terminate the criminal proceedings.

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8.However there is another aspect of the matter. Admittedly the vehicle was not loaded with sand and the seizure has been effected on the allegation that the vehicle was previously used for transportation of sand . In Johnson and Others v. District Collector, Thrissur and Others [2014 (1) KLJ 709], this Court had occasion to hold as follows :-

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The further question to be considered in this case is whether the 3rd respondent can proceed with the “confiscation proceedings” as contemplated under S.23 of the Act. The said provision states that whoever transports sand without complying with the provisions of this Act shall be liable to be punished and the vehicle used for the transaction is liable for seizure by the police or revenue officials. Admittedly, there was no sand at the time of seizure and as such, there is no question of ‘transportation’ as well. This being the position, there cannot be any ‘confiscation’ of the vehicles and as such, they are to be released to the petitioners. But by virtue of the mandate under S.20 of the Act, whoever contravenes any of the provisions of the

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Act or Rules thereunder, shall be proceeded with steps for prosecution and punishment as prescribed. This is more so, in view of the Law declared by this Court as per the decision reported in Surjith Singh v. State of Kerala [2012 (2) KLT 547] .

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9.In that view of the matter, there cannot be any confiscation of the aforesaid vehicle as such and the vehicle shall be released to the petitioner. However, the investigation has to proceed and reach its logical conclusion .

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10.In the said circumstances, there will be a direction to the concerned authority to release the vehicle bearing registration No KL-10-AA-8089 to the petitioner forthwith on executing a bond / undertaking to produce the vehicle as and when required and also on undertaking that the petitioner will not pursue any activity so as to cause the value of the vehicle diminished till finalisation of the proceedings. The Sub Inspector of Police, Edavanna Police Station shall report the matter to the concerned

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jurisdictional Magistrate to proceed with further steps.

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This petition is disposed off.

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Sd/-

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RAJA VIJAYARAGHAVAN.V., JUDGE