[Kerala Protection Of River Banks & Regulation Of Removal Of Sand Act] Loading Stationary Vehicle With River Sand Constitutes 'Transport' U/S 23: High Court

Justice Bechu Kurian Thomas stated that the term 'transports sand' would mean the removal of sand from the river bed to the lorry and from the lorry to any other place. The Court stated that even when a vehicle was loaded with river sand, it would constitute sand transport, regardless of whether the vehicle was in motion or not.

“Section 23 of the Sand Act states that whoever transports sand, without complying with the provisions of the Act shall be punished, and the vehicle used for the transportation be liable to be seized by the Police or Revenue Officials. The word transport cannot be interpreted to mean that the vehicle must be in motion. If such an interpretation is adopted, the whole purpose of the statute would be defeated.”

Section 23 of the Act deals with the seizure of vehicles in which sand is removed and transported from Kadavu (riverbed) without complying with the provisions of the Act. Section 20 provides penalties for contravening the provisions of the Act and a person upon conviction may face imprisonment for a period of up to two years or fine of upto twenty-five thousand rupees or both. Furthermore, in cases of continued violation, an additional fine of upto one thousand rupees for each day may be imposed.

The petitioners are second and sixth accused for allegedly committing crimes punishable under Section 379 read with Section 34 of IPC, Sections 20, 23 of the Sand Act, Sections 192A(1), 196 of the Motor Vehicles Act, 1988 and Section 15 of the Motor Vehicles Taxation Act. It was alleged that the petitioners removed and transported river sand without any permit or pass on a vehicle which had not paid periodical tax and was operating without valid insurance. The vehicle was allegedly found parked in a compound with river sand, adjacent to the riverbed.

The petitioners contended that the provisions of the Sand Act would not apply since the river sand must have been extracted from riverbed or must have been transported. It was submitted that a stationary vehicle would not come within the purview of the term 'transport of sand'.

On the other hand, the Public Prosecutor submitted that the term 'transport' includes even a vehicle loaded with river sand. It was further submitted that the vehicle was found near to a riverbank.

The Court stated that river sand could only be removed after obtaining permission from the Competent Authority. The Court stated that the river sand found in the vehicle was not legally authorized since they lacked permission.

The Court stated that the contention that river sand seized from vehicle in stationary mode would not fall under Section 23 of the Act was legally untenable.

Accordingly, the Court dismissed the criminal miscellaneous case filed by the petitioners.

Counsel for Petitioner: Advocates P.M.Ziraj and Irfan Ziraj

Counsel for Respondents: Public Prosecutor Ashi M C

Citation: 2024 LiveLaw (Ker) 398

Case Title: Arshad v State of Kerala

Case Number: CRL.MC NO. 3921 OF 2024

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