SAHADEVA AND OTHERS Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under section 482 of Cr.P.C., 1973 wherein it is seeking quashment of the entire proceedings in Crime No. 273/2018 registered for the offences punishable under section 379 of The Indian Penal Code (for short 'IPC') besides Section 4(1), (1a), 21 r/w section 22 of the Mines And Minerals (Development And Regulation) Act, 1957 (for short 'MMDR Act').

(2.) I have heard the learned counsel appearing for the petitioners and the learned Addl. Special Public Prosecutor for the State and perused the materials available on record.

(3.) It is transpired in the complaint filed by the Police Sub Inspector, Raibag Police Station that, on 15.07.2018 at around 06.20 hours, he received a credible information that, in Halyal lake, near Shivaji Park of Raibag jurisdiction, that the persons being the accused are preparing to transport the sand illegally by loading the same in a tractor-trailer. Therefore, the PSI who secured two panch witnesses and also his staff members to form a team. Accordingly, the team is lead by PSI and took a raid with the driver of the offending lorry bearing No. KA-23-TB-8710 was about to escape from the clutches of law on seeing the raiding team, at around 11.20 p.m. the complainant had come to know about the illegal transportation of the sand by the driver and so also the owner of the said vehicle, as the said tractor-trailer have been seized by the PSI in the presence of the panch witnesses and drew mahazar and so also for having seized the said tractor-trailer said to be used by the accused. Based upon the complaint report, the case in Crime No. 273/2018 came to be registered and thereafter proceeded with the case for investigation in order to lay charge sheet against the accused under section 173 of Cr.P.C., 1973