Muhammed Adil vs. The Senior Geologist, Kasargod - Kerala High Court, 12 April 2018

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 12TH DAY OF APRIL 2018 / 22ND CHAITHRA, 1940 WP(C).No. 12189 of 2018 PETITIONER(S) MUHAMMED ADIL, S/O.KUNHI AHAMED, PROPRIETOR, M/S.UNITED TRADING COMPANY, II/177, KEDUMBADY, NEAR RAHMANIYA JUMA MASJID, P.O.PAVOOR, MANJESHWAR, KASARGOD. BY ADV.SRI.O.D.SIVADAS RESPONDENT(S): 1. THE SENIOR GEOLOGIST, MINING GEOLOGY, DISTRICT OFFICE, CIVIL STATION, KASARAGOD-671123. 2. THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, KASARAGOD DISTRICT-671323. R BY GOVERNMENT PLEADER, SRI. MANU RAJ K.J. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12189 of 2018 (W) 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 15-1-2018 ISSUED BY M/S.BHARATH MINERALS AND TRADING CORPORATION, MANGALORE. EXHIBIT P3 TRUE COPY OF THE MINERAL DISPATCH PERMIT DATED 15-02-2018 ISSUED BY THE DEPARTMENT OF MINES AND GEOLOGY, UDUPPI. EXHIBIT P4 TRUE COPY OF THE FIR IN CRIME NO.52/2018 REGISTERED BY THE POLICE. RESPONDENT'S EXHIBITS:- NIL // True copy // PA to Judge das A.K.JAYASANKARAN NAMBIAR, J. =========================================== W.P.(C). No. 12189 of 2018(W) ===================================================== Dated this the 12th day of April, 2018

JUDGMENT The petitioner has approached this Court aggrieved by the seizure of the vehicle -lorry- bearing Registration No.KA 20/D 4613 by the 2nd respondent.

I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents. When the matter came up for orders today, it is submitted by the learned Government Pleader, on instructions, that the seizure by the 2nd respondent was in connection with an offence alleged under the Mines and Minerals (Development and Regulation) Act, 1957 and Kerala Minor Mineral Concession Rules, 2015, and the report regarding the seizure has been forwarded to the 1st respondent. Taking note of the said submission of the learned Government Pleader, on instructions, I dispose the writ petition with the following directions: (i) The 1st respondent, before whom the 2nd respondent has forwarded the report regarding seizure, shall forthwith, and at any rate within a -2- W.P.(C). No. 12189 of 2018(W) period of one week from the date of receipt of a copy of this judgment, take a decision as regards whether an offence as alleged is made out against the 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. A.K.JAYASANKARAN NAMBIAR JUDGE das/12.04.2018