Sunil Thomas, J.:— The petitioner herein is the driver of a vehicle bearing Registration No. KA-19-AA-8588 which was intercepted by the Police of Chandera Police Station on 19.10.2016 at 4.30 p.m alleging that it was used for transporting river sand from a place in Kerala without any authority. Consequently crime was registered as Crime No. 810/2016 for offence punishable under Section 379 of IPC and Section 20 of Kerala Protection of River Bank and Regulation of Removal of Sand Act.
2. The contention of the petitioner herein is that, the sand was purchased from an authorised dealer evidenced by Annexure A6 and was brought to Kerala with relevant records and hence no offence is made out as alleged.
3. The learned Public Prosecutor on instructions submitted that the vehicle had crossed the transit check post at Manjeswara on 18.10.2016 at 5.27 a.m Even though there is some time gap in between, in all probabilities it is clear that the vehicle had crossed the check post with the above documents. Hence, the offences now alleged are not sustainable. Hence, it is liable to be quashed.
4. In the result, Crl.M.C is allowed. All further proceedings Crime No. 810/2016 of Chandera Police Station stand quashed. This will not preclude the statutory authority from initiating proceedings under the MMDR Act. In such an eventuality, the petitioner will also be entitled to seek composition of the offence.