VINOD C.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) IN all these Criminal Miscellaneous Cases, the prayers are identical. The same is to direct the Sub Inspector of Police concerned to receive and consider the application of the petitioners to compound the offence against the petitioners and thereby give an opportunity to them for compounding the alleged offence under Section 60(A)(1) of the Kerala Minor Mineral Concession Rules with a further direction to release the vehicle to the petitioners after compounding the offence. The petitioners have produced as Annexure A1, the copy of the mahazar in all the cases.

(2.) IT is pointed out that the seizure is made under Section 102(1) of the Code of Criminal Procedure. But without reporting the same to the Judicial First Class Magistrate having jurisdiction, the Police Officer who seized the vehicle, reported the same to the Revenue Divisional Officer who has no authority in the matter.

(3.) HEARD learned counsel for the petitioners, Shri P.M.Ziraj and learned Additional Director General of Prosecutions, Shri K.I. Abdul Rasheed.