High Court of KeralaSingle JudgeWrit petitions disposed of.

WP(C).No. 12482 of 2013 (I) and connected cases (Sideesh v. Sub Inspector of Police, Wadakkanchery PS, Thrissur District et al.)

Case / Petition Number:WP(C).No. 12482 of 2013 (I)
Neutral Citation:/null

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. R. Ramachandra Menon
Judgment Date
2013-05-21
Court Decision / Holding
The writ petitions are disposed of. The court directs the respondents to accept compounding applications filed or to be filed by the petitioners and to pass appropriate orders in terms of the Digil v. Sub Inspector of Police decision (2013 (1) KLT 600) forthwith. If relief is not granted, interim custody of each vehicle may be released on payment of Rs. 25,000 per vehicle accompanied by an undertaking that the vehicle will be produced when required, will not be alienated, and will be protected in value during the pendency of proceedings.
Final Disposition
Writ petitions disposed of.

Parties to the Case

Appellants / Petitioners

  • Sideesh
  • Aniyan
  • Vijayanpilla Vinod V.S.
  • Rajan K.K.
  • Shihabudheen
  • Dipin
  • Gopi
  • Rojan
  • Babu
  • Suru
  • Davis Antony
  • Rajesh
  • Shameer
  • Biju
  • Nikhil
  • Sajeedkhan

Respondents

  • The Sub Inspector of Police, Wadakkanchery Police Station, Thrissur District
  • The Sub Inspector of Police, Nooranad Police Station
  • The Sub Inspector of Police, Kurathikkad Police Station
  • The Sub Inspector of Police, Kunnamkulam Police Station
  • The Sub Inspector of Police, Aroor Police Station
  • The Sub Inspector of Police, Vellikulangara Police Station
  • The Sub Inspector of Police, East Kallada Police Station

Legal Representation & Advocates

Counsels for Petitioners

  • • P. M. Ziraj

Counsels for Respondents

  • • Sri. Vincent K.C. (Senior Government Pleader)

Case Synopsis & Summary

These batch writ petitions challenge orders and potential prosecutions under the Mines and Mineral (Development and Regulation) Act, 1957 and the Kerala Minor Mineral Concession Rules, 1967, arising from seizure of trucks transporting sand/earth. The petitioners, owners/drivers named in a tabulated list, seek to have the offences compounded and the vehicles released, arguing that the statutory scheme allows compounding under Section 23A of the Act and Rule 60A of the Rules, with a maximum prescribed fine (Rs. 5,000 under the Rules and Rs. 25,000 for offences under the Act that involve Section 4(1A)). The Court recalls that, unlike provisions under the Kerala Protection of River Banks Act, confiscation is not automatic where compounding is possible, and that past orders directed interim custody on payment of a sum and consideration of compounding applications. The court notes its own 2013 decision in Digil v. Sub Inspector of Police (2013 (1) KLT 600), which held that once an offence is compounded, further prosecution cannot proceed. After hearing, the court holds that petitioners are entitled to similar relief and directs the respondents to accept compounding applications and to pass appropriate orders in light of Digil forthwith. If relief is not granted, interim custody may still be released on Rs. 25,000 per vehicle with undertakings; the writ petitions are disposed of.

Provisions of Law Cited

Mines and Mineral (Development and Regulation) Act, 1957Kerala Minor Mineral Concession Rules, 1967Section 23A of the ActRule 60A of the RulesSection 4(1A) of the ActKerala Protection of River Banks and Regulation of Removal of Sand Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that offences under the Mines Act and Kerala Rules are compoundable under Section 23A and Rule 60A. They contend that penalties are bounded by the statutory maximums (Rs 5,000 under the Rules and Rs 25,000 for Act offences, including cases under Section 4(1A)), and that confiscation should not proceed where compounding is feasible. They urge the Court to direct acceptance of compounding applications and release of vehicles on terms, citing the Court’s earlier stance and the need to harmonize with Digil (2013) 1 KLT 600. They seek interim custody release while compounding is processed and a final order allowing these petitions to stand disposed with the relief granted.

Contentions of Respondents

The respondents’ submissions are summarized in the record as being presented by the Government Pleader; explicit arguments from respondents are not detailed in the text, though the Government Pleader’s participation indicates a stance compatible with processing compounding applications under the statutory framework and ensuring compliance with Digil’s principle.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Digil v. Sub Inspector of Police2013 (1) KLT 600PositiveThe judgment explicitly relies on Digil as the controlling authority that, once an offence is compounded, there can be no further prosecution; the present judgment applies and extends that principle to grant relief in the connected matters.

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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** **TUESDAY, THE 21ST DAY OF MAY 2013/131ST VAISAKHA 1935** ## **WP(C).No. 12482 of 2013 (I)** **----------------------------** **PETITIONER :** **--------------------** **SIDEESH, SON OF MOHANAN, AGED 33 YEARS, RESIDING AT CHAMBAMALAYIL HOUSE KUNDUKADU P.O., MADAKKATHARA VILLAGE, THRISSUR TALUK THRISSUR DISTRICT (OWNER OF LORRIES BEARING REGISRATION NO.KL-48-A-9027 AND KL-08-F-2835)** **BY ADV. SRI.P.M.ZIRAJ** **RESPONDENT :** **-----------------------** **THE SUB INSPECTOR OF POLICE, WADAKKANCHERY POLICE STATION, THRISSUR DISTRICT, PIN - 680 582.** **BY SR. GOVT. PLEADER SRI. VINCENT K.C.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-05-2013, ALONG WITH WP(C) NO. 12483/2013 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **Mn** **...2/-** **WP(C).No. 12482 of 2013 (I)** **---------------------------------------** ## **APPENDIX** ## **PETITIONERS' EXHIBITS :** **-------------------------------------** **EXHIBIT P1: TRUE COPY FO THE SEIZURE MAHAZAR DATED 12.5.2013 PREPARED BY THE RESPONDENT.** **RESPONDENTS' EXHIBITS :** **-----------------------------------------** **//TRUE COPY//** **P.S. TO JUDGE** **Mn** ## **P.R.RAMACHANDRA MENON, J.** - - - - - - - - - - - - - - - - - - - - - ## **W.P.(c) Nos.12482,12483, 12484, 12485, 12487, 12489, 12491, 12496, 12497, 12575 of 2013** - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21[st] day of May, 2013 ## **JUDGMENT** The issue involved in all these cases 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. The particulars of the petitioners, their vehicles and such other details are in the tabulated form as given below : |**Case No.**<br>**[W.P.(C))**|**Name of the**<br>**Petitioner(s)**|**Vehicle No.**|**Seized by**| |---|---|---|---| |12482/2013|Sideesh ( owner)|KL-08-F-2835|S.I.of Police,<br>Wadakkan-<br>cheryP.S.| W.P.(C)No.12482/2013 & connected cases 2 |**Case No.**<br>**[W.P.(C))**|**Name of the**<br>**Petitioner(s)**|**Vehicle No.**|**Seized by**| |---|---|---|---| |12483/2013|Aniyan ( owner)|KL-29-D-7894|S.I.of Police<br>Nooranad<br>P.S.| |12484/2013|Vijayanpilla<br>( owner)<br>Vinod V.S.(driver)|KL-31-C-4231|S.I.of Polie<br>Kurathikkad<br>P.S.| |12485/2013|Rajan K.K.<br>( owner)|KL-48-C-9610|S.I.of Police<br>Kunnam-<br>kulam P.S| |12487/2013|Shihabudheen<br>( owner)|KL-32-C-502|S.I.of Police<br>Aroor P.S.| |12489/2013|Dipin( owner)<br>Gopi ( owner)<br>Rojan ( owner cum<br>driver)|KL-45-A-6794<br>KL-08-AH-1463<br>KL-48-4193|S.I.of Police<br>Kunnam-<br>kulam P.S.| |12491/2013|Babu ( owner)<br>Suru ( driver)<br>Davis<br>Antony<br>( owner)<br>Rajesh ( driver)|KL-45-E-4380<br>KL-45-E-4380<br>KL-45-3696<br>KL-45-3696|S.I.of Police<br>Vellikul-<br>angara P.S.| |12496/2013|Shameer ( owner)<br>Biju ( driver)|KL-23-E-3138|S.I.of Police<br>East Kallada<br>P.S.| |12497/2013|Nikhil ( owner cum<br>driver)|KL-55-A-957|S.I.of Police<br>Kunnam-<br>kulam P.S.| W.P.(C)No.12482/2013 & connected cases 3 |12575/2013|Sajeedkhan (owner<br>cum driver)|KL-31-D-693|S.I.of Police<br>Nooranad<br>P.S.| |---|---|---|---| 4. 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. 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 W.P.(C)No.12482/2013 & connected cases 4 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. 5. 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 is compounded, there cannot be any further prosecution proceedings. 6. 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 W.P.(C)No.12482/2013 & connected cases 5 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. 7. It is stated that some of the parties have already filed applications for compounding, whereas in respect of some others, it is stated that the concerned Sub Inspector/ competent authority has not accepted the application proposed to be filed in this regard. 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. W.P.(C)No.12482/2013 & connected cases **==> picture [7 x 9] intentionally omitted <==** 8. If for any reason, the relief sought for is declined, intending to proceed with the prosecution steps, interim custody of the vehicle/s shall be released to the concerned petitioner/s 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 vehicle/s will be produced as and when required; that the vehicle/s will not be alienated and that no action will be pursued so as to diminish the value of the vehicle/s during the pendency of the proceedings. The writ petitions are disposed of. ## **P.R.RAMACHANDRA MENON JUDGE** sv. W.P.(C)No.12482/2013 & connected cases 7