Quashed

Jnanesh Bangera v. the State of Kerala

Kerala HC15 Feb 2017Crl.MC/489/2017

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings under Section 379 IPC and a Sand Act provision after an allegation of transporting stolen river sand. The court found the petitioner's evidence of purchase and tax payment credible, deeming the criminal case untenable despite noting potential civil/administrative liability.

What did the court decide?

Criminal proceedings liable to be quashed; second respondent to initiate appropriate proceedings under MMDR Act.

Jnanesh Bangera Vs the State of Kerala — Corruption | Kerala HC (2017)

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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 SUNIL THOMAS

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WEDNESDAY, THE 15TH DAY OF FEBRUARY 2017/26TH MAGHA, 1938

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Crl.MC.No. 489 of 2017 ()

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CRIME NO. 37/2017 OF KASARAGOD POLICE STATION , KASARGOD

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PETITIONER(S)/OWNER OF THE VEHICLE:

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JNANESH BANGERA S/O. THIMAPPA, FLAT NO.17, B BLOCK, 1ST FLOOR, GAGANDEEP APPARTMENTS, BALAJI, MANGALORE, PIN-575003

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BY ADV. SRI.JACOB E SIMON

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RESPONDENT(S)/STATE:

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

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2. THE GEOLOGIST DISTRICT OFFFICE, DEPARTMENT OF MINING AND GEOLOGY, E-BLOCK, 2ND FLOOR, CIVIL STATION VIDYA NAGAR, KASARGOD- PIN 671 123

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BY SRI.RAMESH CHAND, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 489 of 2017 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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----------------------ANNEXURE-A A TRUE COPY OF THE FIR IN CRIME NO.37/2017 OF KASARGOD POLICE STATION

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ANNEXURE-B A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NUMBER KL-19/AB-4566

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ANNEXURE-C A TRUE COPY OF THE INVOICE ISSUED BY THE M/S SARALA TRADING DATED 8.1.17.

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ANNEXURE-D A TRUE COPY OF THE DELIVERY NOTE ISSUED ON 13.1.17

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ANNEXURE-E A TRUE COPY OF THE ADVANCE TAX UTILIZATION RECEIPT DATED 13.1.17

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RESPONDENT(S)' EXHIBITS

NIL

R.AV

//TRUE COPY//

PA TO JUDGE

SUNIL THOMAS, J.

Crl.M.C.No.489 of 2017

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Dated this the 15^th day of February, 2017

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ORDER

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The vehicle of the petitioner herein with Registration No.KL-19AB-4566, was intercepted by the police on 14.01.2017 at 11.10 pm, on an allegation that it was involved in transporting stolen river sand. Crime was registered as Crime No.37/2017 of Kasaragod Police Station for offence under Section 379 of IPC and Section 20 of Kerala Protection of River Bank and Regulation of Removal of Sand Act. According to the petitioner herein, he has brought the sand after purchasing it by valid documents produced as Annexure-C and was legally transported to Kerala by paying tax. The learned counsel relied on Annexures-B to E, to buttress the above argument. The learned Public Prosecutor on instructions submitted that as per the records, the vehicle had crossed the Kerala border check post on 14.01.2017 at 2.18 am. The interception was at 11.10 pm and it can be presumed that it had crossed with valid document. There is nothing

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Crl.M.C.No.489 of 2017 2

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on record to doubt the genuineness of Annexures-B to E. Consequently an offence under section 379 IPC and the provisions under the Sand Act will not lie. Hence the criminal proceeding is liable to be quashed. However, this will not preclude the competent authority from initiating appropriate proceedings under the MMDR Act. The second respondent shall initiate appropriate proceedings at the earliest and if such proceedings are initiated, the right of the petitioner herein to seek for composition is also retained. If the matter is compounded and the vehicle is ordered to be released by the second respondent, the Police shall forthwith release the vehicle with sand.

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Crl.M.C is disposed of accordingly.

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Sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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//TRUE COPY//

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PA TO JUDGE

Jnanesh Bangera v. the State of Kerala

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Jnanesh Bangera v. the State of Kerala

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