SHAREEF Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioner's vehicle bearing registration No.KL -13 - R -3899 was seized alleging that the petitioner transported river sand without permit. Petitioner would submit that this is ordinary sand and not river sand and is entitled to compound the offence under Section 60(A)(1) of the Kerala Minor Mineral Concession Rules, 1967.

(2.) THE learned Government Pleader, on instructions, submits that the Revenue Divisional Officer has already directed to take proceedings under the Kerala Minor Mineral Concession Rules based on the report of the Geologist. In view of the above the petitioner is entitled to compound the offence on payment of Rs.25,000/ -.

(3.) THE petitioner therefore shall either approach the Sub Inspector of Police, Vadakkekkad Police Station or the fourth respondent for release of the vehicle. The vehicle shall be released to the petitioner on payment of Rs.25,000/ - (Rupees twenty five thousand only). The Sub Inspector of Police, Vadakkekkad Police Station shall report to the competent jurisdictional magistrate regarding compounding of the offence. The writ petition is disposed of as above.