ORDER

This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

2. Petitioner is the accused in Crime No.617 of 2025 of Mayyil Police Station, Kannur, registered for the offences punishable under Section 305 (e) of the Bharatiya Nyaya Sanhita , 2023 (for short, ' BNS '), apart from Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act , 2001.

3. According to the prosecution, the accused had, on 26.08.2025, transported river sand in a tipper lorry bearing registration No. KL-59-8502, thereby committing the offence alleged.

4. I have heard the learned counsel for the petitioner as well as 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