BHIMASHEN RAO @ BHIMASHANKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused No.3, owner of Lorry bearing Registration No.KA-28-C-0687 (Tipper) has come up in this petition, seeking quashing of the charge-sheet filed in Crime No.112/2015, registered with Devalaganagapur Police, within the jurisdiction of JMFC, Afzalpur.

(2.) Admittedly, the complaint is filed against five persons in the said complaint, which is with reference to the transportation of sand in three vehicles. This petition is confined to transportation of sand in the vehicle belonging to the petitioner herein, who is accused No.3 in the said proceedings, where the police have registered the complaint on the ground that the vehicle was moving with the sand loaded therein beyond the period of permit. A copy of the permit is seen at page No.25 of this petition, where the permit No.s20639008 issued by the Public Works Department, Gulbarga is for transportation of sand in vehicle bearing Registration No.KA-28-C-0687 (Tipper), which is valid from 24.08.2015 10.36 AM to 06.00 PM on the same day.

(3.) Admittedly, the sand is required to be loaded from Teggelli Stockyard to be transported to Gulbarga. The time i.e., mentioned therein is wrongly interpreted by the police, as the time within which time the lorry loaded with sand should reach the destination. That is not the meaning of the permit. The permit is a permission given to the person to lift the sand in the vehicle referred to in the said permit and the same is required to be loaded into the said vehicle before expiry of the time stipulated in the said permit. Thereafter, how much time it will take for the owner of the vehicle in which the sand is loaded for transportation from the Stockyard to the destination is none of the business of either Public Works Department or the Police. As long as the owner establishes the sand loaded in the said vehicle is pursuant to the permit, then police have no business to state that the vehicle which was found two hours thereafter at some place, which is between the loading place to the destination as beyond the period of permit time is improper and it is beyond their scope and competence to interpret the permit in the aforesaid manner.