PIOS JAMES Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under section 438 of the Cr.P.C., 1973

(2.) The applicant herein is the 2nd accused in Crime No. 342 of 2018 registered at the Mangalamdam Police Station. In the aforesaid crime he along with two others are being proceeded against for having committed offences punishable under Section 379 r/w Section 34 of the Indian Penal Code and Sections 20 and 21 of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

(3.) As directed by the District Collector, Palakkad, a team of revenue officials were deputed to check the extraction of sand from the Paythala River violating the provisions of Act of 2001. The officers spotted two persons extracting sand from the river and the 1st accused was apprehended. The 3rd accused managed to make good his escape. According to the prosecution, two units of sand extracted from the river and worth about Rs. 5,000/- was kept by the side of the property on the river bank. The applicant was roped in, he being the owner of the property.