Abbas K. K. and K.K.SIDEEK v. Sub Inspector of Police, Chalissery Police Station, Malappuram District

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. R. Ramachandra Menon
Judgment Date: 2013-05-23
Court Decision / Holding: Directs the respondent to accept the compounding applications filed or to be filed by the petitioners and pass appropriate orders in terms of the Digil decision forthwith. If relief is declined, interim custody of the vehicles shall be released on payment of Rs. 25,000 per vehicle with undertakings to produce the vehicles, not alienate them, and to safeguard their value during pendency. The writ petition is disposed of.
Final Disposition: Disposed of

Parties to the Case

Appellants / Petitioners

ABBAS K. K.
K.K.SIDEEK

Respondents

The Sub Inspector of Police, Chalissery Police Station, Malappuram District-680681

Legal Representation & Advocates

Counsels for Petitioners

• SRI.P.M.ZIRAJ

Counsels for Respondents

• SRI. JOSEPH GEORGE

Case Synopsis & Summary

Abbas K. K. and K.K.SIDEEK, owners of two tipper lorries registered KL-52-2413 and KL-52-D-5165, approached the Kerala High Court seeking compounding of offences under the Mines and Mineral (Development and Regulation) Act, 1957 and the Kerala Minor Mineral Concession Rules, 1967. The petition contends that the offences arise from transportation of sand/earth without a valid pass and that the authorities have power to compound under Section 23A of the Act and Rule 60A of the Rules. The matter discusses the distinction that, unlike the Kerala Protection of River Banks and Regulation of Removal of Sand Act, there is no automatic confiscation of vehicles for these offences; compounding is available with a limit—maximum fine of Rs. 5,000 under the Rules for offences under the Rules, and Rs. 25,000 under the Act for offences under Section 4(1A). The court recalls its earlier decisions, including the Digil v. Sub Inspector of Police judgment, that once an offence is compounded, there cannot be further prosecution. The court notes that interim custody was previously granted on a Rs. 25,000 deposit, and compounding was to be considered. After hearing, the court holds the petitioners are entitled to similar relief, directing the respondent to accept compounding applications and pass orders in terms of Digil forthwith. If relief is declined, interim custody shall be released on Rs. 25,000 per vehicle with undertakings, and the petition is disposed of.

Provisions of Law Cited

Mines and Mineral (Development and Regulation) Act, 1957 - Section 23AKerala Minor Mineral Concession Rules, 1967 - Rule 60AMines and Mineral (Development and Regulation) Act, 1957 - Section 4(1A)Kerala Protection of River Banks and Regulation of Removal of Sand Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that offences under the Mines Act and the Kerala Rules are subject to compounding under Section 23A of the Act and Rule 60A of the Rules, with eligibility for relief by compounding and release of their vehicles; they relied on established practice and the court’s own precedents to obtain an order of compounding and release.

Contentions of Respondents

The respondents argued within the statutory framework that compounding is permissible under the Act and Rules; the matter involves considering compounding and potential release of vehicles; the court should apply the law to allow compounding and ensure proper procedure is followed.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Digil v. Sub Inspector of Police	2013 (1) KLT 600	Positive	The judgment relies on Digil to hold that once an offence is compounded, there cannot be further prosecution; the current order directs processing of compounding per Digil and closes related proceedings.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON** ## **THURSDAY, THE 23RD DAY OF MAY 2013/2ND JYAISHTA 1935** ## **WP(C).No. 12868 of 2013 (G)** ## **----------------------------** ## **PETITIONER(S)** **----------------------------------** **1. ABBAS K. K., AGED 35 YEARS S/O.MOIDU, KANDAMKULLANGARA HOUSE, KAPPUR P.O. OTTAPPALAM TALUK PALAKKAD(OWNER OF TIPPER LORRY BEARING REGISTRATION NO. KL-52-2413)** **2. K.K.SIDEEK, AGED 48 YEARS S/O.MOIDU, KANDAMKULLANGARA HOUSE, KAPPUR P O OTTAPPALAM TALUK PALAKKAD(OWNER OF JCB BEARING REGISTRATION NO.KL KL-52-D-5165)** ## **BY ADV. SRI.P.M.ZIRAJ** **RESPONDENT:** - **-----------------------------** **THE SUB INSPECTOR OF POLICE, CHALISSERY POLICE STATION MALAPPURAM DISTRICT-680681** ## **BY SENIOR GOVERNMENT PLEADER SRI. JOSEPH GEORGE** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-05-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **WP(C).No. 12868 of 2013 (G)** **----------------------------** ## **APPENDIX** ## **PETITIONERS' EXHIBITS** **-------------------------------------** ## **EXT.P1:_TRUE COPY OF THE MAHASAR DTD 11/5/2013 PREPARED BY THE RESPONDENT** **EXT.P2:_TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DTD 27/3/2013 IN WPC NO 8688 OF 2013** ## **RESPONDENT'S EXHIBITS** **---------------------------------------** **NIL** //True copy// P.A. TO JUDGE Shg/ ## **P.R.RAMACHANDRA MENON, J.** - - - - - - - - - - - - - - - - - - - - - ## **W.P.(c) No.12868 of 2013** - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23[rd] day of May, 2013 ## **JUDGMENT** Petitioners are the owners of the vehicles bearing Reg.No.KL-52- 2413 and KL-52-D-5165 respectively. The issue involved in this case is, whether the petitioners who have been proceeded against in respect of the offences under the Mines and Mineral ( Development and Regulation ) Act, 1957 and the Kerala Minor Mineral Concession Rules, 1967 and are entitled to have the offence compounded in view of the desire expressed from their side in this regard. 2. Heard the learned Government Pleader as well. 3. Unlike the Kerala Protection of River Banks and Regulation of Removal of Sand Act, there cannot be any confiscation of the vehicle in respect of the offences under the Mines and Mineral ( Development and Regulation ) Act, 1957 or the Kerala Minor Mineral Concession Rules, 1967. Section 23A of the 'Act and Rule 60A of the Rules enable the parties to have the offence compounded. W.P.(C)No.12868/2013 2 The Rules specifically stipulate that any offence under the Rules can be compounded subject to the satisfaction of the maximum fine prescribed under the Rules, which is stated as Rs. 5,000/-. But in respect of the transportation of sand/earth without any valid pass/sanction, it is stated as an offence under the 'Act' itself by virtue of the incorporation of Section 4(1A), for which separate penalty is provided under the Act itself. The maximum fine in respect of such offence prescribed under the Act is stated as Rs. 25,000/-. It was in the said circumstance, that this Court was passing various orders in connected similar matters enabling the concerned petitioners to have the interim custody of the vehicle released on satisfaction of a sum of Rs. 25,000/- and also by directing the concerned respondent to consider the application for compounding, if any. 4. A question arose before this Court as to whether the prosecution proceedings could be pursued further, once the offence is compounded in accordance with the relevant provisions. This issue has already been considered and decided by this Court in **2013 (1) KLT 600 ( Digil v. Sub Inspector of Police)** , holding that, once the offence W.P.(C)No.12868/2013 3 ## is compounded, there cannot be any further prosecution proceedings. 5. The directions given as per the above verdict is extracted below : “i) In cases where compounding applications have been acted upon as per the interim orders passed by this Court and the offences have been compounded and compounding fees have been collected and vehicles have been released, it is declared that no further proceedings can be taken for confiscation of the vehicles; ii) In cases where complaints have been filed before the Court but compounding applications have been entertained and offences have been compounded, appropriate applications will be filed before the Courts and the concerned Courts will pass appropriate orders in the matter with regard to the closure of the cases pending; iii) In cases where compounding applications are yet to be filed by the parties concerned, it is open to them to file applications which will be dealt with by the officer concerned in accordance with law and they will be free to pass appropriate orders on it. If no applications are filed within a period of three weeks from today and if compounding is not being allowed, it is open to the concerned officers to complete the procedures as enjoined by law.” ## After hearing both the sides, this Court finds that the petitioners are entitled to have similar relief. 4 W.P.(C)No.12868/2013 6. In view of the law declared as mentioned herein before, there will be a direction to the concerned respondent to accept the application filed/to be filed by the concerned petitioners to compound the offence; which shall be considered and appropriate orders shall be passed in terms of the decision rendered by this Court in **2013 (1) KLT 600 ( Digil v. Sub Inspector of Police)** forthwith. 8. If for any reason, the relief sought for is declined, intending to proceed with the prosecution steps, interim custody of the vehicles shall be released to the concerned petitioners on satisfaction of a sum of Rs. 25,000/- ( Rupees twenty five thousand only) in respect of each vehicle and on giving an undertaking that the vehicles will be produced as and when required; that the vehicles will not be alienated and that no action will be pursued so as to diminish the value of the vehicles during the pendency of the proceedings. The writ petition is disposed of. ## **P.R.RAMACHANDRA MENON JUDGE** sv. W.P.(C)No.12868/2013 5 W.P.(C)No.12868/2013 6 ## **P.R.RAMACHANDRA MENON JUDGE** sv. W.P.(C)No.12868/2013 7 W.P.(C)No.12868/2013 8 **P.R.RAMACHANDRA MENON JUDGE** sv. W.P.(C)No.12868/2013 9 W.P.(C)No.12868/2013 10 W.P.(C)No.12868/2013 11