B. ASHRAF Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) PETITIONER in this case has a grievance that river sand was purchased from the State of Karnataka and that the same was being transported in the concerned vehicle, to the various destinations in Kerala, on the strength of valid pass. In the course of transit, the vehicle was intercepted and seized alleging that the petitioner was illegally transporting river sand in Kerala. It is in the said circumstance that the petitioner is constrained to approach this Court, seeking for immediate intervention.

(2.) THE factual particulars in respect of the petitioner and his vehicle are as given below:

(3.) THE learned Government Pleader appearing for the respondents submits that the genuineness of the pass produced by the petitioner is doubted. It is pointed out on instruction that the petitioner was doing excavation of river sand and that after excavating the sand from the river, he has procured pass by such other means. It is also pointed out that the pass issued by the concerned authority in the State of Karnataka is only in respect of 'ordinary sand'; whereas the sand transported is admittedly 'river sand'. It is also pointed out that, there is an endorsement in the pass, that the pass is valid only in the State of Karnataka, on the basis of which, no materials could be transported within the State of Kerala. The learned Government Pleader further submits that, no tax has been paid in respect of the goods either in Karnataka or at any of the Check Posts in Kerala. It is also brought to the notice of this Court that, by virtue of the relevant orders issued by the Government of Karnataka (G.O No.C.250/MMN/2009 dated 28.01.2009 of Government of Karnataka) there is a ban in transporting even ordinary sand beyond the boundaries of the State of Karnataka.