SHEMEER C.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No. 302 of 2013 of Nedumbassery Police Station registered for the offences punishable under S.4(1)(A) r/w S.21(1) of the Mines and Minerals (Development & Regulation) Act, 1957 (hereinafter referred to as 'the Act 1957', for short) and S.23 r/w S.20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter referred to as 'the Act 2001', for short). The petitioner seeks to quash the FIR, the true copy of which is annexed to this petition as Annexure - III.

(2.) The averments of the petitioner are to the following effect:

(3.) On the basis of Annexures - I and II, the petitioner has been selling sand and building materials. On 07/03/2013, the Sub Inspector of Police, Aluva Police Station took the sand which was stored in the compound behind house No. 267 of Angamali Village, into custody, alleging that the sand is river sand and it has been unauthorisedly kept therein. On the basis of the seizure, the Sub Inspector of Police, Aluva Police Station has registered Annexure - III crime, which is sought to be quashed, by this petition.