SREEJITH Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The batch of these petitions are filed for release of the vehicle seized by the Authorities for contravening provisions of Kerala Minor Mineral Concession Rules 2015 (hereinafter referred to as 'KMMC Rules' or Kerala Minerals (Prevention of Transportation) Rules 2015 (hereinafter referred to as Transportation Rules). The petitioners in all these Writ Petitions seek an opportunity for compounding the offence.

(2.) The petitioners urge that there must be uniformity in fixing the compounding fee and they are all prepared to compound the offence.

(3.) The Rule 111 of the KMMC Rules provides compounding offence. The offence can be compounded by person authorized to file a complaint under Rule 110. Similarly Rule 32 of Transportation Rules also provides for compounding offence. It is also stipulates that the offence can be compounded by an authority who is authorized to file a complaint before the court in terms of S. 22 of Mines and Minerals (Development and Regulation) Act 1957 (MMDR Act) or sub-clause (ii) of R.2 of the Transportation Rules.