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

The Kerala High Court deliberated on whether penalties under the Kerala Protection of River Banks and Regulation of Removal of Sand Act would apply to river sand found in a stationary vehicle. The court ruled that such penalties would not apply in this scenario, stating that the Act's provisions were not intended to penalize mere possession of river sand. Instead, penalties apply when sand is removed or transported without authorization. The court emphasized the need for strict interpretation of penal statutes, ensuring they are not extended beyond their intended scope. This decision clarifies the application of penalties under the Act concerning the possession and transport of river sand.