Muhammed Ijas K v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 Crl.MC.No. 5260 of 2014 () --------------------------- IN CMP 2338/2014 of JUDL.MAGISTRATE OF FIRST CLASS, MANJERI CRIME NO. 442/2014 OF MANJERI POLICE STATION , MALAPPURAM PETITIONER(S)/ACCUSED:
------------------------------------------ MUHAMMED IJAS K S/O.ABDUL KAREEM, THENCHERI HOUSE, V.K.PADI PANNIPPARA, MALAPPURAM DISTRICT.
BY ADV. SRI.T.K.AJITH KUMAR RESPONDENT(S)/RESPONDENT:
-------------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, MANJERI MALAPPURAM DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
R BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5260 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A- CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.442 OF 2014 OF MANJERI POLICE STATION.
ANNEXURE B- TRUE COPY OF THE ORDER DATED 5.5.2014 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MANJERI IN CMP NO.2338/2014. ANNEXURE C- TRUE COPY OF THE ACKNOWLEDGMENT FOR RECEIPT OF MONEY DATED 6.5.2014 ISSUED FROM THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, MANJERI.
ANNEXURE D- CERTIFIED TRUE COPY OF THE ANALYTICAL REPORT DATED 2.7.2014 OF THE CHEMICAL LAB, DIRECTORATE OF MINING AND GEOLOGY, THIRUVANANTHAPURAM.
RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE sab
P.UBAID, J.
----------------------------- Crl. M.C No. 5260 of 2014 --------------------------------------- Dated this the 21st day of January, 2015.
O R D E R
The petitioner herein is the registered owner of the vehicle No. KL-13-T-7688. On the allegation that he was on transporting river sand illegally in the said vehicle, the Sub Inspector of Police, Manjeri registered a case against him under the provisions of the Protection of River Banks and Regulation of Removal of Sand Act, 2001 as Crime No.442/2014. Pending investigation, the sand was sent for chemical examination. On examination in the Laboratory, the chemist reported that the material is crushed weathered rock and not river sand. On the basis of the said report, the petitioner brought this petition under Section 482 Cr.P.C to quash the prosecution. The Station House Officer was required by this court to file a report regarding the report of chemical analysis.
Now the learned Public Prosecutor submits that there is such a report that the property involved is not in fact river sand, and that the prosecution under the Special Act cannot be sustained.
Crl. M.C No. 5260 of 2014 rock will not constitute the offence punishable under the Protection of River Banks and Regulation of Removal of Sand Act. I find that such prosecution is liable to be quashed, because continuance of proceeding in such a situation will be abuse of legal process.
In the result, this petition is allowed. The FIR and further proceedings in crime No.442/2014 of the Manjeri Police Station will stand quashed.
P.UBAID, JUDGE sab