SHIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) This application filed by the accused in C.C. No. 75/2014 on the file of the Judicial First Class Magistrate Court, No. I, Aluva, to quash the proceedings under Section 482 of Code of Criminal Procedure. It is alleged in the petition that petitioner is a dealer in minor minerals including ordinary sand. He has stock yard at Athani, he obtained Annexure-I licence of dealership from Mining and Geology Department for this purpose. Ever since, he has been doing business in minor minerals, he has not violated the terms of the licence. While so, the second respondent on 9.4.2013 at about 12.10 p.m. came to the shop of the petitioner and seized 120 feet sand stacked in the yard of the petitioner alleging that it is a river sand and registered a case against the petitioner under Kerala Protection of River Banks and Regulation of the Removal of Sand Act, 2001 as Amended in 2013 Act as Crime No. 370/13 and thereafter, without conducting any proper enquiry, he filed final report before the Judicial First Class Magistrate Court, No-I, Aluva and that was taken on file as C.C. No. 75/14 by that court. He questioned the act of the second respondent and the sand was sent for analysis to ascertain the nature of sand at the request of the petitioner by the second respondent and Annexure-6 report was obtained which shows that, it is not a river sand but, ordinary sand. But, even before that, the second respondent has filed final report based on which the court has taken cognizance of the case. Now, the report obtained from the laboratory will go to show that it is not a river sand and ordinary sand for which petitioner is having licence to sell and he had not committed any offence. So, he has no other option except to approach this court seeking the following relief:

(2.) On the basis of the allegations mentioned in the petition, a report has been called for from the investigating officer and he filed a report which reads as follows:

(3.) Heard the Counsel for the petitioner and the learned Public Prosecutor.