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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. G. Arun, J
JAMSHEER CHERIYAKADAMBETH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. seizure of vehicle for illegally transporting sand. (Para 1 , 2) |
| 2. arguments on custody conditions related to sand type. (Para 3 , 4) |
| 3. court observation on factual discrepancies in submissions. (Para 5) |
| 4. modification of conditions based on legal precedent. (Para 6) |
| 5. final decision of condition modification. (Para 7) |
ORDER The petitioner’s Mini Lorry bearing registration No. KL-
13-P-5098 was seized by the 2nd respondent on 22.01.2025, alleging that the vehicle was transporting illegally mined river sand. The petitioner thereafter approached this Court seeking release of the vehicle on the premise that, the vehicle was transporting sea sand and that too, on the strength of a valid transit pass. The writ petition was disposed of by Annexure C judgment, based on the submission of the Government Pleader that, going by the seizure mahazar, the transportation was of sea sand and not river sand and the issue therefore falls under the provisions of the Kerala Minor Mineral Concession Rules. While disposing of the writ petition, this Court directed the petitioner to approach the Geologist for necessary relief under the Act and Rules. The petitioner thereafter moved the j
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