Kabeer vs The Sub Inspector Of Police
2021 Latest Caselaw 358 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

 WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA,
                          1942

                  WP(C).No.27568 OF 2020(U)


PETITIONER:

              KABEER, AGED 38 YEARS, S/O. ASHRAF, THAYYILAN
              HOUSE NAD, P.O. ALUVA EAST VILLAGE, ERNAKULAM
              DISTRICT OWNER OF A LORRY BEARING REGISTRATION
              NO. KL-38-A-9907.

              BY ADV. SRI.P.M.ZIRAJ

RESPONDENTS:

     1        THE SUB INSPECTOR OF POLICE
              PALLURUTHY POLICE STATION, ERNAKULAM DISTRICT
              682 006.,

     2        THE REVENUE DIVISIONAL OFFICER,
              (R.D.O.) FORT KOCHI, ERNAKULAM DISTRICT 682
              001.

     3        DISTRICT COLLECTOR,
              ERNAKULAM DISTRICT 682 030.

     4        THE DIRECTOR, MINING AND GEOLOGY OFFICE OF THE
              MINING AND GEOLOGY, KESAVADASAPURM, PATTAM,
              THIRUVANANTHAPURAM 695 001.


              S GOPINATHAN SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP              FOR
ADMISSION ON 06.01.2021, THE COURT ON THE SAME              DAY
DELIVERED THE FOLLOWING:
 WP(C).No.27568 OF 2020(U)

                                  ..2..




                            JUDGMENT

Dated this the 6th day of January 2021

The petitioner's vehicle has been seized with sand.

According to the petitioner, it is an ordinary sand and not river

sand. The petitioner approached this Court in W.P.(C)No.

31813/2019, seeking a direction to respondent to take a sample

of the minerals seized for chemical analysis. Thereafter, a

report was obtained from the chemical lab as seen from Ext.P2.

The report shows that it was river sand.

2. According to the petitioner, the samples were

collected not in his presence and he has no knowledge about the

minerals forwarded to the chemical lab.

3. Having considered the facts and circumstances, I am

of the view that a fresh sample shall be taken in the presence of

the petitioner and forward the same to the chemical lab for WP(C).No.27568 OF 2020(U)

..3..

analysis.

4. Needful shall be done to take sample in the presence

of the petitioner within a period of two weeks and forward the

sample for chemical analysis. Thereafter, based on the fresh lab

report and analysing the earlier report also, a decision shall be

taken in the matter without any further delay. The Revenue

Divisional Officer shall comply with this directions.

This writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

PR WP(C).No.27568 OF 2020(U)

..4..

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 2.12.2019 IN WPC NO. 31813/2019.

EXHIBIT P2 TRUE COPY OF THE ANALYTICAL REPORT FROM THE CHEMICAL LAB OF THE FOURTH RESPONDENT DATED 22.7.2020 OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT.