MR. PRABHAKAR POOJARY Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are arraigned as accused Nos. 1, 2 and 5 in CC No. 123/2017 (arising out of Crime No. 77/2016) on the file of the Addl. Civil Judge and JMFC, Belthangady, D.K. District, for the offences punishable under Sections 36, 42, 44, 3 of Karnataka Minor Mineral Concession Rule, 1994 and Section 4, 4(1A), 21(4), 21(4A), of Mines and Minerals (Regulation and Development) Act, 1957 and also under Section 379 of IPC.

(2.) Initially the police have registered a case on the allegation that one Lakshmana Rao. P.N., has stored 312 cubic meters of sand worth Rs. 1,95,000/- in Sy. No. 87/11 of Hosangady Village, Belthangady Taluk, D.K. District. Though the First Information Report was registered against the said person, after the investigation given up the name of the Lakshmana Rao and filed the charge sheet against the petitioners and others for the above said offences.

(3.) Learned counsel for the petitioners brought to my notice that none of the witnesses have implicated the accused persons. If their statements recorded is taken as it is they are all hearsay statements and particularly there is no material to show that, how they came to know about the offence being committed by the petitioners herein.