THOMAS JOSEPH Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner is the owner of a tipper lorry bearing Registration No. KL.05/Q 5866 and excavator (JCB) bearing Registration No.KL.05X -5852, which have been seized by the 1st respondent/Sub Inspector alleging violation of relevant provisions of the Mines and Mineral(Regulations and Development)Act, 1957/Kerala Minor Mineral Concession Rules, 1967. The learned Counsel for the petitioner submits that the petitioner is ready to compound the offence.

(2.) The issue involved in this case is, whether the petitioner, who has been proceeded against in respect of the offences under the Mines and Mineral ( Development and Regulation ) Act, 1957 and the Kerala Minor Mineral Concession Rules, 1967 is entitled to have the offence compounded in view of the desire expressed from his side in this regard.

(3.) Heard the learned Government Pleader as well. 5. Section 23A of the 'Act and Rule 60A of the Rules enable the parties to have the offence compounded. The Rules specifically stipulate that any offence under the Rules can be compounded subject to the satisfaction of the maximum fine prescribed under the Rules, which is stated as Rs.5,000/ -. But in respect of the transportation of sand/earth without any valid pass/sanction, it is stated as an offence under the 'Act' itself by virtue of the incorporation of Section 4(1A), for which separate penalty is provided under the 'Act' itself. The maximum fine in respect of such offence prescribed under the 'Act' is stated as Rs.25,000/ -. It was in the said circumstance, that this Court has been passing various orders in similar matters enabling the concerned parties to have the interim custody of the vehicle released on satisfaction of a sum of Rs.25,000/ - and also by directing the concerned respondent to consider the application for compounding, if any.