The petitioners are the registered owners of the vehicles. One Gopalakrishnan Nair is the holder of building permit to construct a residential building. Petitioners were engaged to transport ordinary earth. Petitioners submit that in 'P' form the petitioners' vehicles have been mentioned. Accordingly, petitioners removed earth from the site. However, alleging contraventions of Mines and Minerals (Regulation & Development) Act, 1957 petitioners' vehicles have been seized. Petitioners submit that if any offence has been committed, the authority has to proceed against Gopalakrishnan Nair not against the petitioners. Petitioners are innocent. The learned Government Pleader, on instructions, submits that the permitted quantity is 500 metric ton and Gopalakrishnan Nair has removed more than 500 metric ton and the petitioners have abetted the offence committed by Gopalakrishnan Nair.
2. The learned counsel for the petitioners submits that the petitioners have not committed any offence and therefore they are entitled for release of the illegal custody of the vehicles . However, it is submitted that they are eking out their livelihood from plying these vehicles and therefore they are prepared to compound the offence in terms of Rule 60(A)(1) of the Kerala Minor Mineral Concession Rules, 1967. The learned Counsel for the petitioners also pleaded for a lenient view for the reason that they are nothing to do with the alleged offence committed by Gopalakrishnan Nair. However, it is to be noted that Mineral Mineral Concession Rules, any vehicle used for illegal extraction of mineral mineral for removal or transporting, are liable to be confiscated. It is true that the name of the petitioners' vehicles have been mentioned in 'P' form. However, that does not mean the petitioners should not be cautious of any illegal action being committed by the holder of permit. The petitioners also need to take care and ensure that their vehicles are not involved in commission of any offence. However, taking a lenient view in this matter and accepting petitioners' request for composition of the offence, the petitioners are permitted to compound the offence on payment of Rs.10,000/- (Rupees ten thousand only) on each vehicle. On payment of the above amount, the vehicles shall be released to the petitioners forthwith. If any crime is registered against the petitioners, the Sub Inspector of Police shall report the composition of offence before the competent jurisdictional Magistrate. It is made clear that the composition of the offence is only in respect of the petitioners here alone. The authorities shall proceed against Gopalakrishnan Nair for any violation, if so warranted, in accordance with law. This order is oly allowing the petitioners to compound the offence on payment of Rs.10,000/- considering the peculiar circumstances of the case and it cannot be treated as a precedent for any other purposes.
Writ petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge) Kvs/-
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