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2013 Supreme(Online)(KER) 3092

HIGH COURT OF KERALA
P.R.RAMACHANDRA MENON, J
KUNJU KUNJU – Appellant
Versus
DISTRICT COLLECTOR – Respondent


JUDGMENT

The issue involved in this case is whether the petitioners are entitled to have the vehicles released, which were seized in connection with the alleged offences under the Mines and Minerals (Development and Regulation) Act, 1957 (in short the 'Act'), read with the Kerala Minor Mineral Concession Rules, 1967 (in short the 'Rules'). The common case of the petitioners is that, their vehicles are not involved with the offence in any manner, despite which, in view of the particular facts and circumstances involving the huge liability to be satisfied to the financiers of the vehicles, they are ready to have the offence compounded, for which necessary applications have been preferred before the concerned Sub Inspector of Police, who has seized the vehicles and are aggrieved of the delay in considering and sanctioning the same.

2. The case of the petitioners is that, there is a compounding provision under the statute by way of Section 23 A W.P.C. No.6693 of 2013 -2-

of Mines and Minerals ( Development and Regulation) Act, as well as Rule 60A of Kerala Minor Mineral Concession Rules, whereby the power and authority to compound the offence stand vested upon the officer, who is competen

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