JAYAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the first accused in the case S.T.No.1972/2012 on the file of the Court of the Judicial First Class Magistrate, Sasthamcotta. The petition is filed by him to quash Annexure-A2 report filed by the Sub Inspector of Police alleging commission of the offence punishable under Section 4 read with 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'the Act').

(2.) On 28.12.2011, at about 08.50 hours, the Sub Inspector of Police, Sooranad police station reached the property of one Girija on getting reliable information that mining of earth was being conducted there. The Sub Inspector saw there mining of earth being conducted using a JCB. The petitioner was the operator of the JCB. The Sub Inspector also saw four tipper lorries parked there, two of them loaded with soil. There was no licence or permit for conducting mining operations. The Sub Inspector arrested the petitioner and the drivers of the tipper lorries and seized the vehicles and returned to the police station and registered Crime No.1448/2011 of Sooranad police station (Annexure-A1) in the matter. He conducted the investigation of the case and thereafter, filed Annexure-A2 report in the Magistrate's Court concerned. On the basis of Annexure-A2 report, learned Magistrate took cognizance of the offence punishable under Section 4 read with 21(1) of the Act and took the case on file as S.T.No.1972/2012.

(3.) Heard learned counsel for the petitioner and the learned Public Prosecutor.