SIVARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioner seeking a direction to the second respondent under Section 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioner is the driver of Tipper Lorry bearing registration No: KL -31 -A -1214, which was seized by the second respondent alleging attempted transportation of gravel which is an offence punishable under Section 4 read with Section 21 of the Mines & Minerals (Development & Regulation) Act. The said offence is a compounding offence as per Section 23A of the above said Act and as per Rule 60A of the Kerala Minor Mineral Concession Rules. The second respondent is bound to accept the compounding petition, if any, filed by the accused and promote compounding. Though the petitioner was prepared to compound the offence and he approached the second respondent for that purpose, the second respondent is not accepting the application to compound the offence. In similar matters, this court has issued directions to the prosecuting officers to receive compounding application, if any, filed and pass appropriate orders in accordance with law in a time bound manner. So, the petitioner has no other remedy except to approach this court seeking the following relief:

(3.) THE Counsel for the petitioner submitted that it is not necessary that a crime has to be registered for the purpose of filing the application for compounding and if the prosecuting officer is satisfied that an offence has been committed and the vehicle has been seized, he is bound to allow compounding in view of Section 23A of the above said Act. But, he is not prepared to receive the application for compounding though the petitioner is prepared for the same.