LAWS(KAR)-2020-8-70

NARASIMHASWAMY Vs. STATE OF KARNATAKA

Decided On August 05, 2020
Narasimhaswamy Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This petition is filed by the petitioner, who is the General Power of Attorney Holder (GPA holder) of RC owner of the vehicle under Section 482 of Cr.P.C. to quash the order dated 30.01.2020 passed in Crl.R.P.No.18/2020 by the Principal Sessions Judge, Mandya and the order dated 19.11.2019 passed in Cr.No.89/2019 by the Additional Civil Judge and JMFC, Srirangapatna for having rejected the application filed under Section 457 of Cr.P.C. for release of the vehicle.

(2.) Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.

(3.) The case of the prosecution is that on 06.05.2019, the Tractor of the petitioner bearing Regn.No.KA 17 TB 0218 and a Trailer without registration number was found transporting the sand illegally without any license or permit. Therefore, the Police seized the vehicle and registered the case in Crime No.89/2019 for the offences punishable under Rules 42 and 43 of Karnataka Minor Mineral Concession Rules, 1994 (for short 'Rules') and Sections 4(1A) and 21(1) of Mines and Minerals (Development and Regulation) Act , 1957 (for short ' MMDR Act ') and under Section 379 of Indian Penal Code. The vehicle was seized and subjected to item No.1 of PF No.116/2019. The GPA holder of the RC owner of both the tractor and the trailer filed an application under Section 457 of Cr.P.C for release of the vehicle before the Magistrate, Srirangapatna, which came to be rejected on 19.11.2019. Later, the petitioner filed Crl.R.P.No.18/2020 before the Principal Sessions Judge, Mandya, which also came to be dismissed on 30.01.2020. Hence, this petition.