SREEDHARAN Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner is the owner of a lorry bearing registration No. KL-36-C-2137, which was seized by the respondent alleging illegal transportation of 'laterite stone' in contravention of the relevant provisions of the 'MMDR Act, 1957'/'KMM (PIMST) Rules, 2015'. The learned counsel for the petitioner submits that the petitioner would like to have the offence compounded and that the above mentioned vehicle might be caused to be released after accepting the compounding fee.

(2.) Heard the learned Government Pleader as well, who submits that, no valid supporting document was there and that the offence involved is under the MMDR Act/KMM (PIMST) s. No offence under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 or 'Sand Act' is stated as involved.

(3.) Section 23A of the Act and Rule 32 of the Rules enable the party to have the offence compounded. The question whether the prosecution proceedings could be pursued further, once the offence is compounded in accordance with the relevant provisions of the MMDR Act has already been considered and decided by this Court in :(Digil v. Sub Inspector of Police, 2013 1 KerLT 600 ), holding that, once the offence is compounded, there cannot be any further prosecution proceedings. The directions given as per the above verdict are extracted below: