RAMESH Vs. STATE

JUDGEMENT

(1.) The petitioners herein are the accused in C.C. No. 26 of 2010 on the file of the learned Judicial Magistrate No. II, Kuzhithurai and the final report is filed against them by the respondent Police for the offences under Sections 379 IPC and Sections 4(i)a(ii) I.A. read with 21 of Mines and Minerals Development and Regulation Act, 1957. Learned counsel for the petitioners submitted that the third petitioner is the owner of the lorry bearing Registration No. TN-75-A-6541 and the second petitioner is the driver and the first petitioner is the cleaner. The third petitioner is having transport permit in respect of Tamil Nadu. On 21.12.2009, the second petitioner herein had taken the sand from Government Sand Godown, situated at Poosanoor Village, Tuticorin District, in receipt No. 187195. The lorry was loaded with four units of sand. The units of sand, registration number of the lorry, destination and permitted time were clearly mentioned in the permit receipt issued by the authorities. While so, on 21.12.2009 at 6.05 p.m., when the lorry with four units of sand, driven by the second petitioner, was going towards Poosanoor Village, the lorry was stopped in the Revenue Check Post, Kavalkinary, and the lorry and the bill were checked by the Revenue officials and thereafter, at 6.25 p.m. further check was made in the Police Check Post, Aralvaimozhi and the relevant entries were made in the bill. The lorry reached Kappakadu at 9.30 p.m. and unloaded the sand. After unloading the sand, at about 11.00 p.m., the second petitioner, who is the driver of the lorry, went to his house and the first petitioner, who is the cleaner of the lorry, cleaned the lorry and stayed in the lorry. At 11.30 p.m. the Inspector of Police. Puthukkadai Police Station, Thiru. Ramesh Kumar and the Sub-Inspector of Police, Thiru. Kumar and the Special Branch Head Constable Thiru. Prabhakaran and two other Police personnel came to Kappukadu and they reloaded the sand, which were already unloaded from the lorry, through the load men and then, the Sub-Inspector of Police drove the said lorry to the Puthukkadai Police Station and the cleaner, who is the first petitioner herein, was arrested. A case was registered in Crime No. 402 of 2009 alleging that the Inspector of Police, along with other Police party, during the vehicle check at Munchirai Junction, the lorry of the third petitioner came at Munchirai Junction from Vettuvanni to Thengapattinam Road and when the lorry was intercepted, the driver escaped from the lorry and the cleaner only was arrested.

(2.) Learned counsel for the petitioners further submitted that the case was foisted against the petitioners by Thiru. Ramesh Kumar, Inspector of Police. The third petitioner gave a complaint to the Chief Minister Cell, CBCID and the Superintendent of Police, Kanyakumari District. The Superintendent of Police, issued receipt to the complaint of the petitioner, dated 19.1.2010 and conducted an enquiry and passed a proceedings by recommending to take disciplinary action under Rule 3(a) against the said Inspector and Sub-Inspector of Police, for registering a case against the petitioners by changing the place of occurrence and changing the occurrence itself.

(3.) Learned counsel for the petitioners further submitted that the Inspector of Police, Crime Branch C.I.D., Nagercoil, also had conducted an enquiry, regarding the allegations made by the petitioners against the Inspector and Sub-Inspector of Police and a report, dated 18.3.2010, was submitted by him in Ref. C/3/168/2519/2010 and a copy was also furnished to the third petitioner. The report reveals that the Inspector and Sub-Inspector of Police, Puthukkadai Police Station, reloaded the unloaded river sand from Kappukadu Godown to the third petitioner's lorry and foisted a false case, as if lorry was caught at Munchirai Junction, while attempting to smuggle river sand.