Mandate sample testing of seized sand before proceeding under sand removal laws.

JUDGMENT

The petitioner is the owner of a goods carriage bearing registration No.KL 44/4111. On 10.10.2025, the vehicle was intercepted by police alleging illegal transportation of river sand. Crime No.1222 of 2025 was registered under Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

2. According to the petitioner, no river sand was transported in the vehicle. Further, if a sample is collected from the vehicle and tested by the 3^rd respondent, the genuineness of the allegation can be revealed. The petitioner relies on the judgment of this Court in WPC No.35545 of 2025 dated 01.12.2025 and submits that he is entitled for an identical treatment at the hands of this Court by issuing similar directions.

3. Heard the learned counsel for the petitioner and the learned Government Pleader.

4. In view of Ext.P3 judgment in WPC No.35545 of 2025 and also of several similar judgments rendered by this Court, I dispose of this writ petition by directing respondents 1 and 2 to take a sample of the sand from the petitioner’s vehicle and subject the same to analytical study to ascertain its nature. It shall be open to the Revenue Divisional Officer to seek assistance of the 3rdrespondent, he being the subject expert. On the basis of the report, the 1strespondent shall take a decision regarding release of the petitioner’s vehicle.

5. It is made clear that, if the sand in the petitioner’s vehicle is found to be river sand, it shall be open to the 1^st respondent to proceed against the petitioner in accordance with the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. If it is found that the sand in the petitioner’s vehicle is not river sand, the vehicle shall be released to the petitioner on appropriate terms in accordance with law. The exercise as above shall be completed within two months from the date of issuance of a copy of this judgment.