In this petition filed under Sec.482 Cr.P.C. the petitioners, four in number, who are the accused in

S.T. 1550 of 2007 on the file of the J.F.C.M. II, Pathanamthitta arising out of Crime No.268 of 2007 of Koyippuram Police Station for offences punishable under Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, (“the Act” for short) seek to quash the entire proceedings pending before the aforesaid Court.

THE PROSECUTION CASE

2. Thecase of the prosecution can be summarized as follows:-

On 18-8-2007 at about 10 p.m. near the market bathing ghat at Maramon in Thottapuzhasseri Village, the Circle Inspector of Police, Kozhencherry and his police party detected first accused and driven by the 2nd accused and accused Nos.3 and 4 loading the said lorry with sand from pampa river in contravention of the prohibition against mining of sand during the monsoon period. The accused have thereby committed offences punishable under Sections 20 and 27 of the Kerala Protection of River Banks and Regulation of Sand Act.

THE COGNIZANCE

3. The learned Magistrate took cognizance of the offences and registered the case as S.T.1550 of 2007 and i