SALEEM BAIG N Vs. STATE OF KARNATAKA REP BY STATION HOUSE OFFICER KUDEUR POLICE STATION CHAMARAJANAGAR

JUDGEMENT

(1.) Heard the learned counsel appearing for petitioner and learned High Court Government Pleader appearing for respondent State.

(2.) The case of the prosecution is, on 20.08.2017 at about 11.00 p.m. Chamarajanagara Police while on patrolling duty, on the said intervening night at about 3.00 a.m. near Naveeluru village they intercepted a lorry bearing registration No.TN-52-J-1427 driven by Saleem Baig N. (accused herein) and on verification they found black granite stone was being transported in the said lorry and on enquiry with the driver, he produced a permit issued by Mines and Geological Department for transporting the same from Mohan Enterprises, Jyothigowdanapura Village, Chamarajanagara to Bommasandra (Bengaluru) and having further enquired with the driver about the weight of the granite block being carried, he was unable to state the exact weight. Hence, on suspicion that material in the lorry weighed excess than the specified weight in the permit, vehicle along with the petitioner was brought to the police station and lorry came to be seized. After weighing the block, it was found that it was weighing 40,220 kgs. Hence, on the ground that the vehicle was carrying excess weight and there has been change in the route, FIR came to be registered in crime No.83/2017 for the offences punishable under Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'MMDR Act'), Rules 42(3), 43(5) and 43 of the Karnataka Minor Mineral Concession Rules, 1994 (hereinafter referred to as 'KMMC Rules, 1994') and Section 420 of IPC.

(3.) Having heard the learned counsel appearing for the parties and on perusal of records, it would disclose that it is the specific case of the prosecution that lorry in question which was transporting black granite block which was excess in weight than specified in the permit. The Mineral Dispatch Permit issued by Department of Mines and Geology, Chamarajanagar at Annexure 'D' would disclose that it was issued on 20.08.2017 at 7.40 p.m. and validity of which was from said date and time till 21.08.2017 upto 8.40 p.m. (25 hours). Said permit being valid for only 25 hours and distance from starting place to the place of destination was 250 kms. Thus, vehicle in question having been loaded with said black granite block was traveling towards Bengaluru. A perusal of said permit would also disclose the total volume in cubic meters as specified in the permit was 8.471 cubic meter, which figure has been arrived at after taking into consideration the length, breadth and height of the block. Thus, vehicle which was transporting the granite block was possessing a valid permit dated 20/8/2017- Annexure-D issued by the Department of Mines and Geology.