SHOUKATHALI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Whether the vehicle accompanying a lorry involved in illegal transportation of sand can be confiscated is the main issue to be considered in this case. The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, is intended to protect the river banks and river beds from large scale dredging of river sand and to protect their biophsical environment system and regulate the removal of river sand and for matters connected therewith.

(2.) Learned Government Pleader submits that the action has been taken under Section 21 of the Act for abetment of the offence. If the action is under Section 20 or 21, it is for the Court of competent jurisdiction to convict the offender on a duly instituted complaint by a person authorised under the Act. That is not what is done in this case. The prosecutor himself acted as a judge. The Act or the Rules only permit the Revenue Authorities, to initiate and institute prosecution proceedings against the offender under the Act before the court of competent jurisdiction. However, they are well within their powers to proceed against the offending vehicle in case the vehicles are used for transportation of sand and not otherwise. Of course against the person involved, prosecution under Section 21 for abetment can be launched. But the action for seizure and confiscation of the vehicles can be taken only if they are used for the illegal transportation of sand. Therefore, the impugned action is clearly ultra vires. The same is quashed. The amount deposited shall be refunded to the petitioner forthwith. The judgment however shall not stand in the way of the authorised officer initiating appropriate proceedings in accordance with law against the petitioner.