ARSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) Would the penal provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, apply to river sand found on a stationary vehicle? Petitioners have raised the aforesaid question for consideration in this petition filed under Sec. 482 Cr.P.C.

(2.) Petitioners are the second and sixth accused in C.C.No.3318/2023 on the files of the Judicial First Class Magistrate Court, Tirur. Prosecution alleges that the accused had, on 12/10/2023, removed and transported river sand without any document or permit on a vehicle bearing registration No.KL-08-AE-8245, which had not even paid the periodical tax and was operating without any valid insurance. The vehicle was found parked in the compound house of the third accused, situated next to the Thirunavaya pump house, adjacent to a Kadavu and thereby committed the offences under Sec. 379 read with Sec. 34 of the Indian Penal Code, 1860, apart from Ss. 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short 'the Sand Act'), Ss. 192A(1) and 196 of the Motor Vehicles Act, 1988, and Sec. 15 of the Motor Vehicles Taxation Act.

(3.) Sri. P.M.Ziraj and Adv. Irfan Ziraj, the learned counsel for the petitioners, contended that the prosecution allegations against the petitioners are baseless and are not sustainable in law. It was pointed out that the vehicle was allegedly seized while it was parked in the house of the third accused, and hence, the offences under the Sand Act will not be attracted. The learned counsel also contended that in order to attract the offence under Ss. 20 and 23 of the Sand Act, the river sand must have been either extracted from the 'Kadavu' or must have been transported, and a stationary vehicle will not come within the purview of the term 'transport of sand'. The learned counsel further submitted that the vehicle having been parked inside the private property of the third accused, none of the offences alleged are attracted.