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2016 Supreme(Ker) 407

K.T.SANKARAN, P.D.RAJAN, P.UBAID
Prakash Nayak – Appellant
Versus
District Collector, Kasaragod – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Babu S. Nair, Smt. Smitha Babu
For the Respondents: Sri. C.R. Syamkumar

JUDGMENT :

P. Ubaid, J.

A question of law involving control of inter- state trade, intercourse, and commerce, is the matter before us, referred for resolution by a Division Bench of this Court. The matter is concerning the powers of the police and other authorities in Kerala, under the special laws dealing with minerals and minor minerals, to deal with sand or other minerals brought to Kerala from another State where there is prohibition of export of such materials to neighbouring States. The vehicle No.KA-21-A-5364 belonging to the writ petitioner in W.P.(C)No.4484/2012, and the vehicle No.KA- 21-A-2834 belonging to the writ petitioner in W.P.(C) No.4574/2012 were intercepted by the Sub Inspector of Police, Manjeswar on 06.02.2012, and the two vehicles with full load of sand imported from the State of Karnataka were seized by the police. On finding that sand was being unauthorisedly transported on illegal import from the State of Karnataka, the police initiated prosecution and other actions under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short, 'the Sand Act'). The writ petitioners seek a writ of mandamus directing the police to release th

















































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