NANASO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Whether Police could register FIR on the basis of complaint of PSI Sadalaga in respect of of fence punishable under Section 21 of MMDR Act and investigate into such complaint, is the question involved in this case.

(2.) Sadalaga Police have registered Crime No.166 of 2018 for the offence punishable under Sections 4(1A), 21 and 22 of the Mines and Minerals (Development and Regulation) Act, 1957 [for short 'MMDR Act'] and Section 379 of the Indian Penal Code, 1860 [for short 'IPC'] on the basis of complaint/report of Mr.M.B.Biradar, Police Sub Inspector, Sadalaga Police Station, Chikodi Taluka, Belagavi District against the drivers of the JCB and tractor trailers bearing register Nos.KA-22/M-9000 and MH-09/CJ-4810 respectively.

(3.) It is alleged that on the basis of credible information of some persons illegally extracting sand with the help of JCB and loading the same into tractor-trailer, complainant and his staff on 10.03.2018 at 5.00 a.m. intercepted one JCB bearing registration No.KA-22/M-9000 and tractor bearing registration No.MH-09/CJ-4810 towed to an unnumbered trailer and another unnumbered tractor trailer on the Belagavi-Anigol Main Road, near Mrutyunjay Cross, Belagavi. The said Truck was allegedly found transporting sand worth Rs.18,000/. They were allegedly seized under Mahazar.