IBJOOR NOORAHMAD ATTAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Whether Police can register complaint of a Police Officer alleging commission of Crime punishable under Section 4 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'MMDR Act') read with Section 21 of MMDR Act and investigate into such complaint is the question involved in this case.

(2.) One Arjun Hanchinamani, Police Sub- Inspector (Law and Order), Kakati, Belagavi filed complaint / report before the Station House Officer of Kakati police station alleging that on the basis of credible information of illegal transportation of stolen sand, himself and his staffintercepted lorries bearing No.MH-04/AL-6123 and KA-22/C-1857 near Sutagatti Cross within the limits of Kakati police station. It was further aleged that on search, aforesaid lorries were found transporting illegally mined sand worth Rs. 8,000/- each without any permit for transportation of the same. He allegedly seized the said vehicles and reported the matter to the Station House Officer.

(3.) On the basis of such complaint, the Station House Officer registered Crime No.211/2018 for the offence punishable under Section 420 of the Indian Penal Code, 1860 and Sections 4(1), 4(1A), 21 and 22 of the MMDR Act and reported the matter to the Magistrate. Now the investigation is going on in the said case.