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2012 Supreme(Ker) 513

S.S.SATHEESACHANDRAN
P. M. Sumesh – Appellant
Versus
State of Kerala, Rep. By Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner:Renjith Thampan, Senior Advocate, Mrs. P.R. Reena, M.V. Anandan, Advocates.
For the Respondents: R1 & R2, R. Ranjith, Public Prosecutor.

JUDGMENT

S.S. Satheesachandran, J.

1. Annexure VII report filed by the Sub Inspector of Police, Peramangalam Police Station imputing offences under Section 4(1A) read with Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, for short, the 'Act', and Rule 58 of the Minor Mineral Concession Rules 1967, for short, the 'Rules' against the petitioner, is challenged in this petition invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, for short, the 'Code'.

2. Annexure II FIR was registered against the petitioner for the offences referred to above under the Act and Rules, pursuant to an inspection conducted by the Sub Inspector of Police, Peramangalam Police Station on 27.04.2011 in a property owned by him, wherein he had stored about 100 loads of river sand, allegedly, in violation of the aforesaid Act and Rules. That crime registered, after inspection, has led to the filing of Annexure VII report indicting him of the offences stated, under Section 173 (2) of the Code.

3. Counsel for the petitioner submits that he had a license issued under the Rules to store and sell ordinary sand. Validity of that license was up





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