STATE OF KERALA Vs. P V RAJAPPAN

JUDGEMENT

(1.) The State has come up in appeal challenging the acquittal granted in favour of the respondent herein with regard to the offence under Rule 58 of the Kerala Minor Mineral Concession Rules, 1967.

(2.) PW1, who was the Geologist in the Kerala Mineral Squad, filed the complaint before the Judicial First Class Magistrate s Court-I, Kottayam, alleging that on an inspection made at Kumarakom on 11.3.1998 he found 60 metric tones of limeshell stocked on the western side of Kumarakom Kavanattinkara road and that he ascertained from the owner of the land mentioned in Ext.P4 certificate that the limeshell was stocked by the accused. In reply to Ext.P5 memo issued to the accused requiring production of dealer s licnece and other records authorizing possession of the said limeshell, the accused produced Ext. P5 memo issued to the accused requiring production of dealer s licence, stock register and vouchers; but on perusal of Ext. P7 series and P8 series vouchers the complainant was convinced that 776 metric tones of limeshell was actually purchased from unauthorized sources. The complainant also noted from Ext. P11 certified issued by the Sales Tax authorities that the accused had sold worth Rs.3,29,030.60 in the year 1987 88. Further, though under the license the accused was supposed to stock limeshell in sy.No. 98/10/C of Kumarakom village, the stock of 60 metric tones of lime shell seized in the case was actually found in sy.no. 122/2. In view of the violation he prepared Ext.P9 mahazar and seized the 60 tonnes of lime shell.

(3.) DW1 was examined to show that the land in which the accused was allowed under the license to stock lime shell was not accessible to lorroes and that was the circumstances under which the lime shell was stocked at the spot mentioned PW1.