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Martin Benny

High Court Of Kerala|02 December, 2014
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JUDGMENT / ORDER

The petitioner's vehicle bearing registration No.KL-43-F- 8022 has been seized alleging transportation of minor minerals without necessary permit. The petitioner submits that he has necessary permit to transport the minor minerals.
Considering the facts and circumstances, there shall be a direction to the second respondent to release the petitioner's vehicle on executing a simple bond for the value of the vehicle with two sureties without insisting for production of any solvency certificate. However, it is made clear that this will not stand in the way of respondents to proceed against the petitioner for violation and filing a complaint before the competent jurisdictional Magistrate. It is also open for the petitioner to compound the offence on payment of W.P.(C) No.31908 of 2014 K 2 Rs.25,000/- (Rupees twenty five thousand only). If the petitioner pays the above amount, the offence shall be compounded and report before the competent jurisdictional Magistrate indicating the composition of the offence. The vehicle shall be released to the petitioner forthwith. The conditions mentioned in the afore-noted paragraph regarding execution of bond and with two sureties would arise only when the petitioner does not want compounding.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln
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Title

Martin Benny

Court

High Court Of Kerala

JudgmentDate
02 December, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • P M Ziraj Sri
  • Sri
  • Sri
  • Kumar Sri
  • K S Sreenath
  • Smt Reshma P
  • Joseph Smt Subi K
  • Sri
  • Sabah