Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 22ND DAY OF MAY 2018 / 1ST JYAISHTA, 1940
Crl.MC.No. 2030 of 2018
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CRIME NO. 75/2018 OF PAYYANNUR POLICE STATION.
....
PETITIONER/PETITIONER
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NASAR K.S.,
S/O. KUNHUMUHAMMED, AGED 48 YEARS,
KUSHALICHI HOUSE, MANCHANTHODE,
MANNARKKAD, PALAKKAD.
BY ADV.SRI.O.D.SIVADAS.
RESPONDENTS/COMPLAINANT & STATE:
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1. THE SUB INSPECTOR OF POLICE,
PAYYANNUR POLICE STATION,
KANNUR DISTRICT -670 307.
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
3. THE GEOLOGIST,
MINING GEOLOGY, DISTRICT OFFICE,
CIVIL STATION, KANNUR - 670 001.
BY SR. PUBLIC PROSECUTOR SRI.C.S. HRITHWIK.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 22-05-2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
23/05/2018.
Crl.MC.No. 2030 of 2018 ()
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE GST REGISTRATION ISSUED M/S.
SHA TRADERS AND MINERALS.
ANNEXURE A2 TRUE COPY OF THE TRANSIT PASS DATED 09.01.2018
ISSUED BY THE ASSISTANT DIRECTOR OF MINES AND
GEOLOGY, DEPARTMENT OF MINES AND GEOLOGY,
ANDHRA PRADESH.
ANNEXURE A3 TRUE COPY OF THE E-WAY BILL GENERATED FOR
TRANSPORTATION TO KERALA.
ANNEXURE A4 TRUE COPY OF THE FIR IN CRIME NO.75/2018
REGISTERED BY THE PAYYANNUR POLICE.
ANNEXURE A5 TRUE COPY G.O(P) 77/2015/ID DATED 05.06.2015
PUBLISHED VISE S.R.O NO.375/2016 ISSUED BY THE
GOVERNMENT.
ANNEXURE A6 TRUE COPY RELEASE ORDER DATED 31.01.2018 ISSUED
TO RELEASE THE VEHICLE WITH LOAD.
RESPONDENT'S ANNEXURES:
NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
23/05/2018.
K.ABRAHAM MATHEW J.
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Crl.M.C. NO.2030 of 2018
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Dated this the 22nd day of May, 2018
ORDER Petition filed under Section 482 Cr.P.C.
2.Petitioner is the accused in Crime No.75 of 2018 of Payyannur Police Station registered for the offence under Section 4(1)(A) r/w Section 21(1) of the MMDR Act. The FIR is sought to be quashed on the ground that the facts of the case do not attract the offence.
3.Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4.The petitioner's case is that he had obtained a valid pass to import ordinary sand from Andhra Pradesh to Kerala and on the strength of it he was transporting sand. This is a matter to be ascertained at the investigation. Now the geologist concerned has seized of the matter. If the petitioner is so advised he may satisfy the geologist that he had a valid pass and he did not commit any offence. In the result, this Crl.M.C is disposed of directing the petitioner to approach the geologist (third respondent) and convince him that he did not commit any offence. The investigation shall be concluded expeditiously. K.ABRAHAM MATHEW
JUDGE pm
