The court held that the offence under Section 305(e) of the Bharatiya Nyaya Sanhita cannot be attracted as relevant sections of the Sand Act are bailable.

O R D E R

This bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNS S ’). 2. Petitioners are accused in Crime No.1390 of 2025 of Tirur Police Station, Malappuram, registered for the offences punishable under Section 305 (e) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘ ’), apart from Section 20 r/w Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short, ‘the Sand Act’).

3. According to the prosecution, the accused had on

03.09.2025, transported river sand on tipper lorries bearing registration Nos.KL-07-AY-1537, KL-05-V-0525 and KL-10-X-8208, thereby committing the offence alleged.

4. I have heard Sri. Sadiqali M., the learned counsel for the petitioners as well as Smt.Sreeja V., the learned Public Prosecutor.

5. In the decision inMohammed Noufal v. State of Kerala [(2021) SCC Online Ker 5858] , this Court has held that Sections 20 and 23 of the Sand Act are bailable in nature. It was also observed that, when a special law covering the question of theft of river sand has been enacted, the offence under IPC for theft of river sand cannot be attracted. After the coming into force of BNS Act, the relevant provision for theft is Section 305 (e) of . Petitioner is alleged to have committed the offence under Section 305 (e) ie., theft of river sand.

6. In view of the decision inMohammed Noufal’s case (supra), the offence under Section 305 (e) of BNS cannot be attracted. Since the remaining offences alleged against the petitioners are bailable, petitioners apprehension of arrest in connection with a non-

bailable offence does not subsist.

Accordingly, the bail application is closed.