MAHESHA Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioners.

(2.) The petitioners are accused Nos.2 and 3. They are accused of the offences punishable under Sections 21(4) and 21(4a) of the Mines and Minerals (Regulation and Development) Act, 1957, read with Section 379 of IPC. It is alleged that the petitioners, on 5.3.2016, were caught red -handed while transporting sand illegally. Both the petitioners were on their respective two wheelers and they were carrying sand in a plastic bag each, in respect of which a case has been registered. Apart from a bullock cart, in which again sand was said to be transported by some other accused and that accused has now been enlarged on bail. However, the petitioners' application for anticipatory bail has been rejected having regard to the dire consequences of illegal sand mining which would ultimately result in natural water channels drying -up and not permitting water to flow to other places which would otherwise normally receive the water. This being a bane that has been affecting large tracts of land all over the country, the Court below has taken a strict view and has rejected the bail application.

(3.) Given the quantity of sand that these petitioners were carrying, the petitioners are entitled to be enlarged on bail.