Muhammed Noufal vs. The Director Of Mining And Geology - Kerala High Court, 24 April 2018

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE SATHISH NINAN FRIDAY, THE 25TH DAY OF MAY 2018 /4TH JYAISHTA, 1940 WP(C).No. 14203 of 2018 PETITIONER(S) MUHAMMED NOUFAL, PROPRIETOR, M/S.C.H.TRADERS, PAYYANNUR, KANNUR DISTRICT. BY ADV.SRI.O.D.SIVADAS RESPONDENT(S): 1. THE SENIOR GEOLOGIST, MINING AND GEOLOGY, DISTRICT OFFICE, CIVIL STATION, KASARAGOD - 671 123. 2. THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, KASARAGOD DISTRICT - 671 323. 3. THE DIRECTOR OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM - 605 004. BY SR. GOVERNMENT PLEADER SRI.M.I.JOHNSON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-05-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14203 of 2018 (A) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF GST REGISTRATION ISSUED TO THE PETITIONER'S ESTABLISHMENT. EXHIBIT P2 TRUE COPY OF THE BILL DATED 26.02.2018 ISSUED BY M/S. BHARATH MINERALS AND TRADING CORPORATION, MANGALORE. EXHIBIT P3 TRUE COPY OF THE MINERAL DISPATCH PERMIT DATED 28.02.2018 ISSUED BY THE DEPARTMENT OF MINES AND GEOLOGY, UDUPPI. EXHIBIT P4 TRUE COPY OF THE BILL DATED 28.02.2018 ISSUED BY DELTA WEIGH BRIDGE, MUKKA ROAD, MANGALORE. EXHIBIT P5 TRUE COPY OF THE FIR IN CRIME NO. 222/2018 REGISTERED BY THE POLICE AND THE SEIZURE MAHAZAR. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 02.04.2018 IN W.P.(C)NO. 9645 OF 2018 RENDERED BY THIS HON'BLE COURT. ------- SATHISH NINAN, J. = = = = = = = = = = = = = = = = = = W. P.(C) No.14203 of 2018 = = = = = = = = = = = = = = = = = = Dated this the 25th day of May, 2018

J U D G M E N T The goods carriage belonging to the petitioner bearing registration No.KA-19/AA-3870 was seized by the police alleging illegal transportation of sand. FIR was registered under Section 4(1)(A) and Section 21(1) of Mining and Minerals (Development and Regulation) Act. The petitioner contends that the transportation was effected with the necessary records and therefore, the offence as alleged is not attracted. The vehicle with the load is liable to be released, is the contention. Considering the above, the writ petition is disposed of with the following directions: (i) The 1st respondent, before whom the report regarding seizure shall be placed by the 2nd respondent, shall forthwith, and at any rate within a period of one week from the date of receipt of a copy of this judgment, take a decision as to whether offence as alleged is made out against the W. P.(C) No.14203 of 2018 :- 2 :- petitioner necessitating further steps for prosecution. (ii) If the 1st respondent finds that no offence is made out, he shall forthwith release the vehicle to the petitioner, without any further delay. If, on the other hand, the 1st respondent finds that the petitioner is liable to be prosecuted, he shall, if the offence is one that can be compounded, permit the petitioner to compound the same on payment of the prescribed compounding fee. The vehicle shall be released forthwith on realisation of the compounding fee. (iii) If the petitioner chooses not to compound the offence, the 1st respondent shall initiate steps for prosecution of the offence in accordance with the statutory provisions. SATHISH NINAN JUDGE kns/- //// P. S. to Judge