BAVACHAN MATHEW Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THE issue involved in all these cases is whether the petitioners are entitled to have the vehicles released, which were seized in connection with the alleged offences under the Mines and Minerals (Development and Regulation) Act, 1957 (in short the 'Act'), read with the Kerala Minor Mineral Concession Rules, 1967 (in short the 'Rules'). The common case of the petitioners is that, their vehicles are not involved with the offence in any manner, despite which, in view of the particular facts and circumstances involving the huge liability to be satisfied to the financiers of the vehicles, they are ready to have the offence compounded, for which necessary applications have been preferred before the concerned Sub Inspector of Police, who has seized the vehicles and are aggrieved of the delay in considering and sanctioning the same.

(2.) THE case of the petitioners is that, there is a compounding provision under the statute by way of Section 23 A of Mines and Minerals ( Development and Regulation) Act, as well as Rule 60A of Kerala Minor Mineral Concession Rules, whereby the power and authority to compound the offence stand vested upon the officer, who is competent to prefer a complaint for prosecuting the offence. The stipulation is only to the effect that, the maximum amount which could be imposed on compounding, shall be the maximum penalty that could be imposed in respect of the office involved. Sub Section 2 of Section 23A of the Act and Sub Rule 2 of Rule 60 A of the Rules, says that once the offence is compounded, no further proceeding will lie against the person concerned.

(3.) THE answer given from the part of the petitioners is that, there is no basis for such apprehension, for the reason that, unlike other statutes, say the Kerala Protection of River Banks & Regulation of Removal of Sand Act, Customs Act, Abkari Act, Forest Act etc., 'confiscation' and 'prosecution' do not belong to two parallel streams and that there is only one authority ie. the 'Court' to deal with both the instances. It is only on the basis of the orders to be passed by the Court in the prosecution proceedings, that the vehicle can be confiscated as clearly provided in Sub Section (4A) of Section 21 of the Act.