(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - Police.
(2.) Petition is filed under Section 438 of Cr.P.C. seeking to release the petitioner on bail in crime No.140/2017 of Shahabad Town Police Station registered for the offence punishable under Section 379 of IPC and under Section 4(1A) , 21(1) of MMDR Act.
(3.) The complaint is lodged by Mallikarjun Shivpur, Deputy Tahsildar, Shahabad. The substance of the complaint is that the complainant received the definite information at 8 a.m. that from Kagina River storing sand illegally and stealthily in various survey numbers situated within the limits of Hunagunta village. Hence, complainant and his staff after getting the confirmation of the news went to the spot and it was confirmed by the complainant that the stolen and smuggled sand was being stored by the accused persons. Thus, case came to be registered against them. I have also gone through the mahazar dated 9-8-2017 wherein sand was said to be illegally transported in Sy.No.141 to the extent of 12 cubic meter worth of Rs.8,400/-.