Scooter or Lorry: Liable for Sand Act Prosecution?

2025 0 Supreme(Ker) 1720

Removal of Sand Act (`Sand Act’ for short). ... This Section stipulates that nothing in this Act shall prevent any person from being prosecuted under any other law for the time being in force for any act or omission made punishable under this Act. ... Section 20 of the Sand Act provides for penalty for contravention of the Sand Act. ... may extend to ten years, ....

2024 0 Supreme(Ker) 504

The words ‘transports sand’ would take in the removal of sand from the river bed or kadavu to the lorry and from the lorry to any other place. Even when a vehicle is loaded with river sand, it will amount to transport of sand, irrespective of whether the vehicle has set in motion or not. ... Section 23 of the Sand Act states that whoever transports sand, without complying with the provisions of the Act#HL....

Section 3A of the Animals Act enacts that where any person is convicted of such an offence, any vehicle used in the commission of the offence shall, in addition to any other punishment prescribed for such offence, be liable to confiscation by the Magistrate's Court. 2. ... Section 3 of the Animals Act reads as follows: Where any person is convicted of an offence under this Part or any regulations made thereunder, any vehicle used in the commission of such offence shall, in addition to ....

2025 Supreme(Online)(Mad) 58791

Since the offence is not made out against either of them, the petitioner also cannot be prosecuted for the said offence. Therefore, the impugned final report against the petitioner is liable to be quashed and is accordingly quashed. ... with M-sand. ... The undisputed facts are that the petitioner is the driver of the lorry belonging to A2; that the petitioner transported M-sand in the said lorry; that A2 had taken the lorry on lease from the quarry owner, namely, the....

2024 Supreme(Online)(TEL) 16169

According to petitioners, on 19.11.2009 at about 12.30 hours, when the deceased was going from Bandlaguda towards Santoshnagar on his Scooter bearing No.AP 11 G 9181, on the way near DRDL 2nd Gate, a lorry bearing No.AP 20 T 4626 going in the same direction with sand behind the Scooter of the deceased ... Whether the pleaded accident dated 19.11.2009 was occurred due to rash and negligent driving of the driver of the crime vehicle i.e., lorry bearing No.AP 20 T 4626 and wheth....

CA PHC 120/2012, 108/2012 107/2012, 119/2012 HCR RATNAPURA 21/2011 MAY 22ND 2014 FEBRUARY 17, 2014 Mines and Minerals act no. 33 of 1992 Section 63(6)(1) - Transporting sand in a lorry without a license - Could the lorry be 'forfeited' - "Machinery or equipment ... In terms of motor Traffic (Amendment) Act No 8 of 2009, any person who contravenes the provisions of Section 17(1),  (13) of (14) shall be guilty of an offence and liable to the confiscation of such mo....

2025 Supreme(Online)(AP) 3584

In other words, the prohibition contained in Section 22 of the Act against prosecution of a person except on a complaint made by the officer is attracted only when such person sought to be prosecuted for contravention of Section 4 of the Act and not for any act or omission which constitute an offence ... Annapoorna Lorry Supply, Pithapuram and the petitioner/accused No.2 is the owner the seized lorry and further upon the instructions of the accused N....

2024 Supreme(Online)(KER) 42492

The gist of the prosecution case is that: on 25.07.2024, at around 4.20 hours, while the de facto complainant and his party, on receiving a secret information about the illegal sand mining near Mangadav, went for patrolling duty on a scooter. ... The prosecution allegation is that, on instructions of the petitioner, the driver of the tipper lorry hit against the scooter of the de facto complainant, who fell down on the ground and suffered injuries. ... As per the said instructions, the driver hit the lorry#HL....

The only defence ultimately pressed was that the vehicle in question was not a lorry but an omnibus, and that, therefore, the accused who was the driver of the vehicle was not liable to be prosecuted. The liability was the conductor's under rule 6 (3) of the Fourth Schedule. ... The first question that arises is whether the vehicle is a lorry or an omnibus. An omnibus is defined in the interpretation clause as " a hiring car having seating accommodation for more than seven passengers." ... The l....

2025 Supreme(Online)(Mad) 58611

The petitioner cannot be prosecuted merely because he is the owner of the lorry which was used by A1 to commit the theft of 4 units of river sand. The offences alleged are under Section 353 of the a href="./.. ... The learned counsel for the petitioner would submit that admittedly, the petitioner was not present when the lorry along with the river sand was seized from A1 and hence, the offence punishable under Section 353 of the a href="./.. ... Hence, this Court is of the view that the impugned final r....

2022 0 Supreme(AP) 653

They reached Pardhasaradhi Road, Kannur, at about 11.25 hours. The sand tipper lorry is bearing No.AP-07-W-9936 (hereinafter referred to as an offending vehicle), coming from the opposite direction in a rash and negligent manner, hit the scooter of the deceased on the left side, and he sustained multiple injuries.

2011 0 Supreme(Ker) 262

Even if a person is having the necessary permits under the MMDR Act, if such person transports the sand in violation of the 'Sand Act', the vehicle is liable to be confiscated under Section 23 A of the said Act. Similarly, even if a person has all the sanction to transport under the 'Sand Act', if such person does not have any transporting permit under the MMDR Rules, such vehicle is liable to be confiscated under Section 21 (4A) of the MMDR Act. The scope of confiscation under the two different enactments is entirely different.

2011 0 Supreme(Ker) 250

The scope of confiscation under the two different enactments is entirely different. Even if a person is having the necessary permits under the MMDR Act, if such person transports the sand in violation of the 'Sand Act', the vehicle is liable to be confiscated under Section 23 A of the said Act. Similarly, even if a person has all the sanction to transport under the 'Sand Act', if such person does not have any transporting permit under the MMDR Rules, such vehicle is liable to be confiscated under Section 21 (4A) of the MMDR Act.

2008 0 Supreme(Ker) 131

When such is the provision, it cannot be contended that the police are not bound to register a crime in respect of a cognizable offence disobeying the mandate of S.154 Cr.PC as interpreted in the ruling of the Supreme Court in State of Haryana and Others Vs. Ch. Bhajan Lal & Ors. (AIR 1992 SC 604) which has subsequently been followed both by the Apex Court as well as by this Court in ever so many verdicts. Unlike the provisions of the Kerala Abkari Act, 1077 M.E. and the Kerala Forest Act, 1961, the confiscation of a vehicle seized under S. 23 of the Sand Act is dependent on a prosecution la....

2006 0 Supreme(Ker) 749

Section 20 provides penalty for contravention of this Act, which reads as follows: Whether the vehicle accompanying a lorry involved in illegal transportation of sand can be confiscated is the main issue to be considered in this case. The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, is intended to protect the river banks and river beds from large scale dredging of river sand and to protect their biophysical environment system and regulate the removal of river sand and for matters connected therewith.