1. These writ petitions have been filed by the respective petitioners mainly seeking for a direction to the respondents in the writ petitions to receive and consider the request for compounding the offence alleged by invoking the powers conferred under Rule 60(A) (1) of the Kerala Miner Mineral Concession Rules, 1967 (for short 'the Rules') and the relevant provisions of the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'the Central Act').

2. The vehicles have been seized for violation of the provisions of the Central Act and Kerala Rules. Section 23A of the Central Act provides for compounding of offences and similarly Rule 60A of the Rules also provides for compounding of the offences.

3. Interim orders have been passed by this Court in various writ petitions directing the Police officers to accept the applications for compounding and pass appropriate orders.

4. The matter was heard in detail in the light of the stand taken by the learned Government Pleader that even if the offence is compounded, there is no legal bar in proceeding with the steps for confiscation of the vehicles involved.

5. Heard learned counsel for the petitioners, Shri Babu S. Nair, Shri P.M. Ziraj and Shri T.P. Pradeep and learned Government Pleader Shri P.A. Mohamed Shah.

6. Before going into the respective contentions, I will advert to the contentions raised in the counter affidavit filed in W.P.(C) No.24494/2012.The contention mainly raised is that the prosecution against the offender and confiscation of a vehicle are two separate proceedings and have been separately dealt with in the Act and the Rules. Section 23A (2) of the Act and Rule 60A of the Rules are concerned with the offender only and the equipment, tool and the vehicle seized have to be dealt with only in accordance with Section 21(4A) of the Act. By compounding the offence, the prosecution proceedings initiated against the offender only gets terminated but the confiscation of the vehicle which is engaged in illegal transportation of a mineral subsists and therefore by compounding an offence, the vehicle which is seized, cannot be released.

7. Reference may have to be made to the relevant provisions of the Central Act and the Rules. Section 21 of the Act provides for penalties. Sub-sections (1) (4), (4A) and (5) are relevant for the purpose of this case and they read as follows:

"(1) Whoever contravenes the provisions of sub-section (1) or sub-section (1A) of section 4 shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twenty-five thousand rupees, or with both;

(4) Whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and for that purpose, uses any tool, equipment, vehicle or any other thing, such mineral tool, equipment, vehicle or any other thing shall be liable to be seized by an officer or authority specially empowered in this behalf;

(4A) Any mineral tool, equipment, vehicle or any other thing seized under sub-section (4), shall be liable to be confiscated by an order of the court competent to take cognizance of the offence under subs-section (1) and shall be disposed of in accordance with the directions of such court;

5) Whenever any person raises, without any lawful authority, any mineral from any land, the State Government may recover from such person the mineral so raised, or where such mineral has already been disposed of, the price thereof, and may also recover from such person, rent, royalty or tax, as the case may be, for the period during which the land was occupied by such person without any lawful authority."

The next important section is Section 22 concerning cognizance of offences which reads as follows:

"22. Cognizance of offences. --No court shall take cognizance of of any offence punishable under this Act or any rules made thereunder except upon complaint in writing made by a person authori