IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No. 36413 of 2008(I) -------------------------- CMP.3796/2008 of J.M.F.C.-II, KANJIRAPPALLY .................... PETITIONER(S): --------------- R.MANIVEL, S/O.RAMASWAMI KOUNDER, MAVETTOM MURIYIL, ALATHOOR VILLAGE SANGERI TALUK, SALAM DISTRICT, TAMILNADU. BY ADV. SRI.P.SANTHALINGAM (SR.) SRI.S.SHARAN SRI.S.RAJI KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, TREP. BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, MANIMALA POLICE STATION, MANIMALA. 3. DISTRICT COLLECTOR, KOTTAYAM. 4. DISTRICT GEOLOGIST, KOTTAYAM. BY GOVERNMENT PLEADER SRI.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.36413 of 2008 ------------------------------------- Dated this the 5th day of January, 2009 JUDGMENT A vehicle belonging to the petitioner loaded with sand was seized by the police alleging that there has been infraction of the provisions of Mines and Minerals (Development & Regulation) Act, 1957. The vehicle with the sand was seized. The vehicle has already been released to the petitioner. But the sand has not been returned. It has been taken into custody by the 2nd respondent. The same is not released yet. 2. According to the petitioner, there is no infraction of the provisions of the Act or Rules. The petitioner is legally competent to transport the sand on the basis of valid documents which he has in his possession. The authorities have not considered those documents at all. The sand may be directed to be released to the petitioner. This in short is the prayer. 3. The learned Government Pleader submits that investigation is complete and final report has already been filed. The petitioner may be directed to approach the learned Magistrate and apply for release of sand under Section 451 W.P(C). No.36413 of 2008 2 Cr.P.C. The learned Magistrate may be directed to consider all the relevant circumstances including the documents to be produced by the petitioner to decide the question of the entitlement of the petitioner for release of sand. 4. I am satisfied that the said request can be accepted. This Writ petition is, in these circumstances, dismissed, but with the specific direction that it shall be open to the petitioner to apply before the learned Magistrate for release of sand under Section 451 Cr.P.C. He shall be at liberty to produce before the learned Magistrate all documents to substantiate his case that he is entitled for release of the sand. The learned Magistrate, needless to say, shall pass appropriate orders on merits after considering all the relevant circumstances, as expeditiously as possible. 5. Hand over a copy of this judgment to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-