BANDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner being the accused in crime No. 303/2005 of Gadiganur police Station, Sondur Taluk, which is registered for the offences punishable under Sections 420, 379 of IPC r/w. Section 4 (1-A) of mines and Minerals (Development and Regulation)Act, 1957 (hereinafter referred to as 'mmrd Act' for short), has sought for quashing the proceedings pending before the Court below by filing this petition.

(2.) THE records disclose that the petitioner is the owner of the land in question, and has dug and extracted ore from his land and stored the ore in his land near Ubbalagundi village. According to the prosecution, the petitioner wanted to stealthily transport the ore without the licence or permit of the State Government. It is not in dispute that the petitioner has not obtained any licence or permit as required under the law for extracting and transporting the minerals. Hence, the charge-sheet is filed against him for the offences punishable under sections 420, 379 of IPC r/w. Section 4 (1a) of MMRD Act.

(3.) IT is relevant to note the provisions of section 70 of the Karnataka Land Revenue act, which reads thus: