MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the registered owner of a tipper lorry bearing registration No. KL -04/6850. He challenges Ext. P1 order passed by the 2nd respondent, seizing the vehicle in connection with an allegation that the vehicle was transporting river sand in contravention of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, hereinafter referred to as the 'Sand Act'. It is the case of the petitioner that the vehicle was transporting ordinary sand, under cover of a valid pass in Form P issued under the Kerala Minor Minor Concession Rules, and therefore, there was no justification on the part of the respondents in apprehending the vehicle and confiscating the same without any valid reason. He would in particular point to Ext. P2 report of the Geologist, which is relied upon by the District Collector while passing Ext. P1 order of confiscation, which states that the Geologist, on a prima facie examination of the minor mineral was convinced that it was similar to river sand and that only a general opinion could be given in view of the fact that he did not have the necessary equipments for a detailed analysis of the sample sent to him. It is the case of the petitioner that such a report of the Geologist could not have formed the basis for an order of confiscation in the hands of the District Collector.

(2.) I have heard Sri. A.A. Jaleel, the learned counsel appearing on behalf of the petitioner as also Sri. Naushad Thottathil, the learned Government Pleader appearing on behalf of the respondents.