O R D E R

1.This petition is filed under Section 482 of the Code of Criminal Procedure.

2.The petitioner herein is the accused in Crime No.577 of

2016 of Manjeswar Police Station registered for offences punishable under Section 379 of the IPC and under Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter referred to as “Act 18 of 2001”).

3.The prosecution allegation is that, on 04.10.2016 at

7 p.m., the Sub Inspector of Police, Manjeswar Police Station intercepted a Lorry bearing Reg.No.KA-35/A-975 driven by the petitioner and on inspection, the vehicle was found loaded with sand. Under the strong premise that Crl.M.C.7799/2016 2 what was being transported was stolen from the State of Orissa. Annexure-A1 FIR was registered as aforesaid.

4.This petition is filed seeking to quash the proceedings on the ground that the continuance of proceedings is nothing but an abuse of process.

5.I have heard the submissions of the learned counsel appearing for the petitioner as well as the learned Public Prosecutor.

6.The learned counsel appearing for the petitioner submits that due to the scarcity of construction grade sand in the State of