SHERIF Vs. SUB INSPECTOR OF POLICE KONNI

JUDGEMENT

(1.) Can cognizance of an offence under the Protection of River Banks and Regulation of Removal of Sand Act, 2001 can be taken on a report filed under S.173(2) of Code of Criminal Procedure, even if the Police Officer who submitted the report is an authorised officer under that Act. This is the question to be settled in those petitions.

(2.) Petitioner in Crl MC 3606/2009 is the accused in CC 141/2008 on the file of Judicial First Class Magistrate - II, Palakkad and petitioners in Crl. MC 3715/2009 are the accused in CC 1670/2008 on the file of Judicial First Class Magistrate - II, Pathanamthitta. Judicial First Class Magistrate - II, Palakkad had taken cognizance of the offence under S.12 read with S.20 of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter referred to as 'the Act') on Annexure - A final report filed by Assistant Sub Inspector of Police, Mankara Police Station on the allegation that on 01/02/2008 at 1.30 a.m., petitioner was illegally transporting river sand without any license or permit and therefore, committed the offences under S.12 and S.20 of the Act. CC 1670/2008 was taken cognizance by the learned Magistrate - II, Pathanamthitta on Annexure - 1 final report filed by Sub Inspector of Police, Konni for the offences under S.20, S.21 and S.23 of the Act on the allegation that on 17/05/2008 at 3.20 p.m. petitioners. Crl. MC 3715/2009 were found transporting river sand in tipper lorry No. KL.03K / 4893. These petitions are filed under S.482 of Code of Criminal Procedure to quash the proceedings contending that learned Magistrate could not have, taken cognizance of the offence, on a final report submitted by the police after investigation under S.173(2) of Code of Criminal Procedure in violation of the provisions of S.25 of the Act and therefore, cognizance taken is bad. In addition, petitioner in Crl. MC 3606/09 also contended that Assistant Sub Inspector of police who filed the final report, which was taken cognizance as CC 141/2008, is not an authorised officer as provided under the Act and on that ground also cognizance taken are to be quashed.

(3.) Learned counsel appearing for the petitioners and learned Public Prosecutor were heard.