Actions performed by the officer under the Sand Act were quasi-judicial, thus entitled to protection under the Judges (Protection) Act, requiring prior sanction for prosecution.

ORDER :

A. BADHARUDEEN, J.

First accused in V.C.No.07/2014 on the files of the Enquiry Commissioner and Special Judge, Kozhikode, has filed this Criminal Miscellaneous Case under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the prayer herein is as under:

To quash Annexure A FIR No.VC 07/2014 KKD before the Enquiry Commissioner And Special Judge, Kozhikode and all further proceedings pursuant thereto, so as to secure the ends of justice.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the Vigilance and Anti-Corruption Bureau.

3. In this matter, crime was registered alleging commission of offences punishable under Section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, ‘the PC Act, 1988’ hereinafter) as well as under Sections 465, 471 and 120B of the Indian Penal Code, by the accused. The allegations against the petitioner herein, as per FIR, are as under:

The Vigilance enquiry conducted disclosed that Smt.Remadevi had officiated as RDO Kozhikode for the period from 26-06-2009 to 22-02-2011. The officer was entrusted with the authority to proceed against the vehicles transporting river and illegally under the Kerala Protection of River Banks and Regulation of Removal of sand Act 2001 and KPRB and RS ordinance 2010. As per section 23A(2) there is provision in the Act to confiscate the vehicles used for illegal transportation. Uncertain conditions after hearing, the vehicles can be released to the owners temporarily by collecting 30% of the total value of the vehicle in cash and 70% of the value by providing security either by immovable property or by bank guarantee. During the tenure of Smt.Remadevi about 198 cases of seizure of vehicles with illegal sand transportation had been heard and disposed from the district. The enquiry officer checked and verified 47 such case files at random during the Vigilance enquiry. The verification of files and the enquires conducted brought out serious irregularities involving corruption in disposing the vehicles involved in the reported cases of seizure. Most of the cases were book by the local Police from the district on detection of illegal transportation of river sand. In few instances the Revenue squad also seized and referred the matter to the RDO. It is observed that only river sand transported without proper sand passes were seized and referred to the RDO to proceed against the vehicle owners under the act. No delay is noticed by seizing officers to file report of seizure. Notices were seen served to RC owners from the office to invoke provisions to confiscate the vehicles involved in such cases. Most of the owners failed to appear with proper documents/sand passes in the first appearance. Sufficient opportunity is seen extended to the vehicle owners to produce various sorts of documents like passes issued by manufacturers of M.Sand, rock sand and ordinary soil for which mining permits were already sanctioned by Mining & Geology Department. Under the cover of such subsequently produced passes, the RDO released vehicles to the owners imposing nominal fines to defeat the very purpose of the Act and causing heavy financial loss to public exchequer. This was materialised by sheer abuse of power with ulterior motives to get pecuniary advantages to the vehicle owners as well as to the officer.

The enquiry officer has observed that in a particular case that reported by Koduvally Police station in Cr.No.340/10, the Village officer, Thiruvambady provided a bogus sand pass to the vehicle owner to facilitate the release of the vehicle involved in the case. The Village officer abused his office and provided a bogus sand pass to the vehicle owner for the undue gain of the vehicle owner. In another instance, one Abdul Rafeeq has been released his vehicle from RDO office on production of a sand pass created subsequent to the seizure of the vehicle. Orders are seen passed by the RDO in the above two instances also witho