High Court of KeralaWP(C)/9433/2015disposed of

Jackson v. The Sub Inspector Of Police

2015-03-25Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 25TH DAY OF MARCH 2015/4TH CHAITHRA, 1937 WP(C).No. 9433 of 2015 (D) --------------------------- PETITIONER(S):

-------------------------- 1.

JACKSON, S/O.VARGHESE ULAHANNAN, KUTTIMACKAL HOUSE, MALIPPARA.P.O., KOTHAMANGALAM, ERNAKULAM.

SHYJESH.K.V.

S/O.VIJAYAN, KUTHUNGAL HOUSE, AVOLICHAL, NERIAMANGALAM, KOTHAMANGALAM, ERNAKULAM.

BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENT(S):

---------------------------- THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, ERNAKULAM DISTRICT, PIN - 686 691.

R BY (SR) GOVERNMENT PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

vmr

WP(C).No. 9433 of 2015 (D) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------ EXHIBIT P1TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NUMBER KL-06-B-1177.

EXHIBIT P2TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NUMBER KL-07-AF-7644.

EXHIBIT P3TRUE COPY OF THE MAHAZAR DATED 20/03/2015 PREPARED BY THE RESPONDENT.

EXHIBIT P4TRUE COPY OF THE MAHAZAR DATED 20/03/2015 PREPARED BY THE RESPONDENT.

RESPONDENTS EXHIBITS :

NIL ------------------------------------- /TRUE COPY/ P.A.TO JUDGE vmr.

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 9433 of 2015 ------------------------------------------- Dated this the 25th day of March, 2015

J U D G M E N T

Petitioners are the owners of the vehicles bearing Reg. Nos. KL-06-B-1177 & KL-07-AF-7644, which was seized by the respondent alleging illegal transportation of 'Ordinary earth' in contravention of the relevant provisions of the 'MMDR Act, 1957'/'KMMC Rules. The learned counsel for the petitioners submits that, the petitioners would like to have the offence compounded and that the above mentioned vehicles might be caused to be released after accepting the compounding fee. 2.

The issue involved in this case is, whether the petitioners, who have been proceeded against in respect of the offences under the Mines and Mineral (Development and Regulation) Act, 1957 and the Kerala Minor Mineral Concession Rules, 2015 is entitled to have the offence compounded in view of the desire expressed from the part of the petitioners in this regard.

Heard the learned Government Pleader as well. 4.

Section 23A of the 'Act' and the relevant Rules enable

WP(c). No.9433 of 2015 the parties to have the offence compounded. The Rules specifically stipulate that any offence under the Rules can be compounded subject to the satisfaction of the maximum fine prescribed under the Rules, which is stated as Rs.5,000/-. But in respect of the transportation of sand/earth without any valid pass/sanction, it is stated as an offence under the 'Act' by virtue of the incorporation of Section 4(1A), for which separate penalty is provided under the 'Act' itself. It was in the said circumstance, that this Court has passed orders enabling the parties to have interim custody of the vehicle, on satisfaction of a sum of Rs.25,000/-, also directing the concerned respondent to consider the application for compounding, if any.

A question arose before this Court as to whether the prosecution proceedings could be pursued further, once the offence is compounded in accordance with the relevant provisions. This issue has already been considered and decided by this Court in 2013 (1) KLT 600 ( Digil v. Sub Inspector of Police), holding that, once the offence is compounded, there cannot be any further prosecution proceedings. 6.

In view of the willingness expressed from the part of

WP(c). No.9433 of 2015 the petitioners to have the offence compounded, conceding the guilt, this Court finds it fit and proper to direct the respondent to compound the offence, if the petitioners file an application and satisfy a sum of Rs. 25,000/- in respect of each vehicle towards compounding fee. It is ordered accordingly. On satisfaction of the compounding fee, the vehicles shall be released to the petitioners forthwith. It is made clear that once the offence alleged against the petitioners is compounded, no prosecution proceedings shall be pursued against them.

The writ petition is disposed of accordingly. The petitioners shall produce a copy of this judgment along with a copy of this writ petition before the respondent for further steps. Sd/- P.R. RAMACHANDRA MENON, JUDGE.