BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The entire proceedings in S.T.No.190/2013 pending on the files of the Judicial First Class Magistrate Court, Vaikom is sought to be quashed by the accused therein. The case alleged by the prosecution against him was that, on 03.02.2012 at about 11.30 am, he had transported river sand in a Mini Tipper Lorry bearing Reg.No.KL-17C/6175, unauthorisedly. The vehicle was intercepted by the Police on the day, at S.N. Junction, Vettikattumukku, Thalayolaparambu - Ernakulam Road, on detection of the act as alleged Crime No.103/2012 was registered for the offences punishable under Sec. 12(3) & (10) read with Sec. 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short 'the Act'). Consequent to the registration of the crime, the Sub Divisional Magistrate, Pala was directed to confiscate the sand and the vehicle. Before the Sub Divisional Magistrate, an application was placed by the petitioner, requesting to release the vehicle, on the ground that river sand was transported on the strength of valid documents of authorisation like pass, tax invoice and delivery note. The said documents were also produced by the petitioner before the Sub Divisional Magistrate, the authenticity of which was directed to be verified by the Commercial Tax Officer, Chittoor and Sub Inspector of Police, Thalayolaparambu. The Sub Divisional Magistrate verified the documents and found those to be genuine ones. Accordingly, the transportation of sand by the petitioner was found legal. But, a penalty of Rs.5,000.00 was imposed on him, on the sole reason of non-production of documents at the time of inspection. The vehicle was released as per proceedings No.G1-515/2012/K.Dis dated 17.02.2012 of the Sub Divisional Magistrate, Pala. It is in such circumstances that the petitioner has approached this Court, with a prayer to quash the proceedings initiated by the Sub Divisional Magistrate against him as per proceeding No.G1- 515/2012/K.Dis in S.T.NO.190/2013.

(2.) Sri. S. Mohammed Al Rafi and Sri. K.B. Udayakumar, the respective counsel appearing for the rival parties argued vehemently to substantiate their stand.

(3.) The argument of Sri. S.Mohammed Al Rafi, the learned counsel representing the petitioner was that the transportation of river sand having been found legal on the basis of the documents conferring the authority produced before the Sub Divisional Magistrate and in the event of its' authenticity having been established, the Sub Divisional Magistrate is perfectly unjustified in imposing a fine of Rs.5,000.00 on the petitioner, while putting an end to the proceedings initiated by him. According to him, the order imposing penalty of Rs.5,000.00 will not sustain on account of the incorrectness, impropriety and illegality involved therein.