ALTHAF Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case is filed by the petitioner, who is the accused in Crime No. 2090/2013 of North Paravoor Police Station, to quash the proceedings under S.482 of the Code of Criminal Procedure.

(2.) It is alleged in the petition that the petitioner has been arrayed as the accused in Crime No. 2090/2013 of North Paravoor Police Station for the offence punishable under S.20 of the Kerala Protection of River Banks and Regulation of Sand Mining Act, 2001 (hereinafter referred to as 'the Sand Act'). The allegation against the petitioner was that on 16/11/2013 at about 5.40 p.m. he was found transporting river sand in a lorry bearing Reg. No. KL41 - G - 691 without any authority and thereby he had committed the offence. The nature of sand was challenged by the petitioner and on the basis of the application filed by the petitioner before Court below, sample of the sand seized was sent for analysis and Annexure - B report of the Directorate of Mining and Geology Department was obtained, in which it was stated that what was transported is not river sand, but ordinary sand. If it is ordinary sand, then the provisions of the Sand Act will not be applicable and so no offence has been committed under the Sand Act and proceeding with the case is only an abuse of process of Court. So the petitioner has no other remedy except to approach this Court seeking the following relief:

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