Renjith v. The Additional Sub Inspector Of Police, Velloor Police Station

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WP(C).No. 11733 of 2015 (N) ---------------------------- PETITIONER :

--------------------- RENJITH S/O. SATHEESHAN, AGED 30 YEARS JINU BHAVAN, MARUVANTHURUTHY P.O., KULASEKHARAMANGALAM VILLAGE VAIKOM TALUK, KOTTAYAM DISTRICT (OWNER OF A LORRY BEARING REGISTRATION NO.KL-40-A-3858). BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

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

THE ADDITIONAL SUB INSPECTOR OF POLICE, VELLOOR POLICE STATION, KOTTAYAM DISTRICT - 686 608. 2.

THE SUB INSPECTOR OF POLICE VELLOOR POLICE STATION, KOTTAYAM DISTRICT - 686 608. R1 & R2 BY SR. GOVT. PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 11733 of 2015 (N) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE SEIZURE MAHAZAR DATED 2.4.2015 PREPARED BY THE FIRST RESPONDENT.

EXT.P2 COPY OF THE O(A) FORM DATED 2.4.2015 ISSUED BY THE DISTRICT GEOLOGIST, KOTTAYAM.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 11733 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 8th day of April, 2015

JUDGMENT

The petitioner, who is the owner of tipper lorry bearing registration No. KL 40 A 3858, is aggrieved of the seizure of the vehicle on 02.04.2015, alleging that the vehicle was being used illegally for transporting earth. The learned counsel for the petitioner submits that the petitioner is ready to compound the offence.

2. The issue involved in this case is, whether the petitioner, who has 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 is entitled to have the offence compounded in view of the desire expressed from his side in this regard.

3.

Heard the learned Government Pleader as well. 4.

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

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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 been passing various orders in similar matters enabling the concerned parties to have the interim custody of the vehicle on satisfaction of a sum of Rs.25,000/- and also by directing the concerned respondent to consider the application for compounding, if any.

5.

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 law declared as mentioned herein before, there will be a direction to the second respondent to consider the application filed by the petitioner to compound the

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offence; and pass appropriate orders forthwith, subject to satisfaction of a sum of Rs.25000/- as the compounding fee. Once the offence is compounded, no prosecution proceedings shall lie against the petitioner.

The writ petition is disposed of.

sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd