Aji.P v. Sub Inspector Of Police, Kanakakkunu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 Crl.MC.No. 3407 of 2015 () --------------------------- AGAINST THE ORDER IN Crl.MC.NO. 3135/2015 DATED 02-06-2015 ------------------ PETITIONER :
--------------------- AJI P., AGED 28 YEARS S/O.PEETHAMBARAN, AJI BHAVANAM AMBALANTHIN BHAGOM P.O., KADAMBANAD, A DOOR THALUK.
BY ADV. SMT.ASHA ELIZABETH MATHEW RESPONDENT(S) :
----------------------------
1. SUB INSPECTOR OF POLICE KANAKAKUNNU, ALAPPUZHA DISTRICT-688001.
2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM- 682031.
R1 & R2 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-
Crl.MC.No. 3407 of 2015 () ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :
--------------------------------------------- ANNEXURE-A1:
A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF TIPPER LORRY BEARING REG.NO.KL-26-B-1999.
ANNEXURE-A2:
A TRUE COPY OF THE MAHAZAR PREPARED BY THE 1ST RESPONDENT IN RESPECT OF THE SEIZURE OF THE PETITIONER'S VEHICLE.
ANNEXURE-A3:
A TRUE COPY OF THE JUDGMENT DATED 2/6/2015 IN CRL.M.C.NO.3135/2015.
RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn
ALEXANDER THOMAS, J.
================== Crl.M.C.No. 3407 of 2015 ================== Dated this the 9th day of June, 2015
O R D E R
It is pointed out that the only offences alleged as against the petitioner are those under Sec.4(1) read with Sec.21 of the Mines & Minerals (Development & Regulation) Act. It is common ground that as per the provisions of Sec.23A of the Mines & Minerals (Development & Regulation) Act and Rule 32 of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015, the said offences are compoundable. This Court in various cases has disposed of similar matters directing the competent authority concerned to consider and take necessary action on the application for compounding that may be submitted in such cases. It is submitted by the learned counsel for the petitioner that though the petitioner had submitted application for compounding in the above said offence, the said application was not received by the respondent authority concerned and that direction in that regard may be granted for consideration of such compounding application.
Crl.M.C.3407/15 - : 2 :- Accordingly, it is ordered that in case the petitioner submit necessary application for compounding as permitted by the above said Act and Rules before the 1st respondent, then the 1st respondent shall consider such compounding application and deal with the same in accordance with law. Necessary decision on the said compounding application shall be taken by the 1st respondent without further delay, at least within a period of ten days from the date of receipt of the compounding application. If the plea of compounding is allowed, then the 1st respondent may impose a compounding fee of Rs. 25,000/- (rupees twenty five thousand only) on the petitioner and on remitting the said amount, the vehicle shall be released to the petitioner without further delay. The Crl.M.C. is disposed of as above.
Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge