Kerala High Court
Jamsheer Cheriyakadambeth vs State Of Kerala on 20 June, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:44205
CRL.MC NO. 5284 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 20TH DAY OF JUNE 2025 / 30TH JYAISHTA, 1947
CRL.MC NO. 5284 OF 2025
CRIME NO.63/2025 OF PAYANGADI POLICE STATION, KANNUR
AGAINST THE ORDER/JUDGMENT DATED 26.04.2025 IN CMP
NO.1345 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,PAYYANNUR
PETITIONER:
JAMSHEER CHERIYAKADAMBETH
AGED 40 YEARS
S/O.C.K. MARIYAM, C.K. HOUSE,
PALLIPARAMBU, KOLACHERY,
KANNUR DISTRICT, PIN - 670601
BY ADV SRI.BABU S. NAIR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI, PIN - 682031
2 THE STATION HOUSE OFFICER
PAZHAYANGADI POLICE STATION
KANNUR DISTRICT, PIN - 670303
3 THE DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY,
DISTRICT OFFICE, CIVIL STATION,
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CRL.MC NO. 5284 OF 2025
2
KANNUR, PIN - 670002
BY SRI. M.C. ASHI, SR.PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.06.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 5284 OF 2025
3
ORDER
The petitioner's Mini Lorry bearing registration No. KL-
13-P-5098 was seized by the 2 nd respondent on 22.01.2025,
alleging that the vehicle was transporting illegally mined river
sand. The petitioner thereafter approached this Court seeking
release of the vehicle on the premise that, the vehicle was
transporting sea sand and that too, on the strength of a valid
transit pass. The writ petition was disposed of by Annexure C
judgment, based on the submission of the Government Pleader
that, going by the seizure mahazar, the transportation was of
sea sand and not river sand and the issue therefore falls under
the provisions of the Kerala Minor Mineral Concession Rules.
While disposing of the writ petition, this Court directed the
petitioner to approach the Geologist for necessary relief under
the Act and Rules. The petitioner thereafter moved the
jurisdictional Magistrate seeking interim custody of the vehicle.
Therein, Annexure E order was passed directing release, but
subject to conditions.
2. This Crl.M.C. is filed aggrieved by conditions 1
and 2 requiring the petitioner to deposit Rs.31,500/-, being 30%
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CRL.MC NO. 5284 OF 2025
of the value of the vehicle assessed and to produce Bank
Guarantee for the remaining Rs.73,500/-.
3. Learned counsel for the petitioner contended
that, insofar as the alleged transportation was of sea sand, the
condition imposed by the learned Magistrate is unjustified. It is
submitted that the condition requiring deposit of 30% in cash
and the balance in Bank Guarantee is imposed on the basis of
the Full Bench decision of this Court in Shan v. State of Kerala
[2010 (3) KLT 413], which was rendered in the context of the
Kerala Protection of River Banks and Regulation of Removal of
Sand Act, and therefore, inapplicable to the petitioner's case.
4. Reference is made to Annexure D order to
point out that as directed by this Court, the petitioner had
approached the Geologist and the said authority has proceeded
under the provisions of the Kerala Minerals (Prevention of Illegal
Mining, Storage and Transportation) Rules, 2015, and the Mines
and Minerals (Development and Regulation) Act, which itself is
indicative of the fact that the vehicle was not transporting river
sand. It is hence contended that conditions 1 and 2 in
Annexure E order is liable to be deleted.
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CRL.MC NO. 5284 OF 2025
5. Learned Public Prosecutor stoutly opposed the
prayer, by pointing out that the submission made by the
Government Pleader and recorded in Annexure C judgment is
an obvious mistake. It is pointed out that, in the seizure
mahazar, it is clearly recorded that the vehicle was transporting
river sand. It is submitted that the sample of the sand has been
forwarded to the Forensic Science Laboratory, but the report of
scientific analysis is yet to be received.
6. It is true that the Full Bench decision of this
Court in Shan (supra) was rendered after considering all
relevant aspects, including the environmental impact due to
illegal mining of river sand. Being a Full Bench decision, this
Court is bound to follow the same in similar cases. For that, the
transportation must be of river sand. In the case at hand, the
petitioner was directed to approach the Geologist, who, in turn,
decided to proceed under the Mines and Minerals (Development
and Regulation) Act, whereas the Full Bench decision was
rendered in the context of violation of the provisions of the
Kerala Protection of River Banks and Regulation of Removal of
Sand Act.
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CRL.MC NO. 5284 OF 2025
7. It is also pertinent to note that the report of
analysis is yet to be received from the Forensic Science
Laboratory. Therefore, despite the contention of the Public
Prosecutor that the Government Pleader's submission recorded
in Annexure C judgment is factually incorrect, I am of the
opinion that the conditions can be relaxed. Accordingly,
condition Nos. 1 and 2 in Annexure E order are modified as
under;
"Petitioner shall execute a bond for
Rs.1,00,5000/- (Rupees one lakh five
thousand only) with solvent sureties for the
like amount to the satisfaction of the
learned Magistrate."
The Crl.M.C is accordingly disposed of.
Sd/-
V.G.ARUN
JUDGE
SPV
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CRL.MC NO. 5284 OF 2025
PETITIONER'S ANNEXURES
ANNEXURE A A TRUE COPY OF THE F.I.R. IN CRIME
NO.63/2025 OF THE PAZHAYANGADI POLICE
STATION DATED, 22-1-2025
ANNEXURE B A TRUE COPY OF THE ELECTRONIC MINERAL
TRANSIT PASS, DATED, 22-1-2025 ISSUED BY
THE DEALER - ONE NISHAR M.K.
ANNEXURE C A TRUE COPY OF THE JUDGMENT IN W.P.
(C)NO.3122/2025 DATED 7-2-2025 OF THIS
HON'BLE COURT
ANNEXURE D A TRUE COPY OF THE ORDER ISSUED BY THE
3RD RESPONDENT DATED, 20-2-2025
ANNEXURE E A TRUE COPY OF THE ORDER IN
C.M.P.NO.1345/2025 OF THE J.F.C.M.,
PAYYANNUR DATED, 26-4-2025
RESPONDENTS' ANNEXURES: NIL
//TRUE COPY//
PA TO JUDGE
