The 1st petitioner is the registered owner of an earth mover/excavator bearing registration No.KL-28-1144 and the 2nd petitioner is the registered owner of a tipper lorry bearing registration No.KL-42/B 7199. These vehicles were seized alleging illegal transportation of earth, an offence punishable under Section 4 read with Section 21 of the Mines and Minerals (Development & Regulation) Act (in short, “the Act”).
2. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
3. The offence alleged is compoundable under Section 23A of the Act. Learned counsel for the petitioners submitted that this Court considered similar matters and allowed compounding of the offence. Annexure-A4 is a copy of the order in Crl.M.C.No.2529 of 2014, which is produced to substantiate the contention of the petitioners. Reckoning the facts and circumstances, the petition is disposed of directing the 2nd respondent to accept the application submitted by the drivers of the vehicles owned by the petitioners to compound the offence and pass Crl.MC No.2669/2014 2 appropriate orders on the same within a period of ten days.
All pending interlocutory applications will stand dismissed.
A. HARIPRASAD, JUDGE.
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