PARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 397 of Cr.P.C. seeking to set aside the judgment of conviction and order of sentence dtd. 26/5/2015 passed in C.C.No.497/2013 by the Civil Judge and JMFC, Shiggaon, for the commission of offence punishable under Sec. 4(1) of Mines and Minerals (Development And Regulation) Act, 1957 (for short 'MMRD Act') and Rule 3(1) and Rule 42 of The Karnataka Minor Mineral Concession Rules, 1994 (for short 'KMMCR Rules'), which is partly allowed by the I Addl. District and Sessions Judge, Haveri, by judgment dtd. 30/9/2015 in Crl.A.No.50/2015.

(2.) Parties are referred to as per their ranks before the trial court.

(3.) The brief facts of the prosecution case are that: 3.1 On 22/8/2013 as per the letter of Tahsildar, Shiggaon, A.C.Savanur, has seized the tractor which was transporting laterite stones at the outskirts of Shiggaon. On inspection of vehicle they came to know that without permission transporting laterite stones in the said tractor and there is no registration number for the said vehicle. For protection of vehicle, Tahsildar, Shiggaon, handed over the vehicle to the police station for further legal action and wrote a letter to Senior Geologist, Mines and Geology Department, Haveri, with panchanama and photographs. Later, the complainant personally enquired and obtained information from RTO, Haveri, about the owner of the vehicle. On inspection of the vehicle it is found that 3 MT of laterite stones approximately market value of Rs.3,000.00. Accordingly, lodged a complaint under Sec. 200 of Cr.P.C. before the JMFC, Shiggaon.