ABDUL AZEEZ Vs. STATE OF KERALA

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 Section 173(2) of Code of Criminal Procedure, even if the Police Officer who submitted the report is an authorized officer under that Act. This is the question to be settled in those petitions.

(2.) Petitioner in Crl. M.C. 3606/2009 is the accused in C.C. No. 141/2008 on the file of Judicial First Class Magistrate-II, Palakkad and petitioners in Crl. M.C. No. 3715/2009 are the accused in C.C. 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 Section 12 read with Section 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 1.2.2008 at 1.30 A.M., petitioner was illegally transporting river sand without any licence or permit and therefore, committed the offences under Sections 12 and 20 of the Act. C.C. 1670/2008 was taken cognizance by the learned Magistrate-II, Pathanamthitta on Annexure-I final report filed by Sub Inspector of Police, Konni for the offences under Sections 20, 21 and 23 of the Acton the allegation that on 17.5.2008 at 3.20 p.m. petitioners in Crl. M.C. 3715/2009 were found transporting river sand in tipper lorry No. KL.03K/4893. These petitions are filed under Section 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 Section 173(2) of Code of Criminal Procedure in violation of the provisions of Section 25 of the Act and therefore, cognizance taken is bad. In addition, petitioner in Crl. M.C. No. 3606/2009 also contended that Assistant Sub Inspector of Police filed the final report, which was taken cognizance as C.C. No. 141/2008, is not an authorized 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.