DODDA MAREPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State. Perused the materials placed before this Court.

(2.) The present petitioner was arrayed as accused No.2 in the respondent/complainant Police Station Crime No.94/2016, which is registered for the offences punishable under Section 21(1) of Mines and Minerals Regulation of Development Act, 1957 (henceforth for brevity referred to as "the MMRD Act") and under Section 379 of the Indian Penal Code, 1973 (hence forth for brevity referred to as "the IPC").

(3.) The summary of the case of the prosecution is that, on 04.04.2016 at about 10.30 a.m., when the complainant, who was the Police Sub-Inspector of the complainant Police Station, received an information about the illegal transportation of sand in a tractor, joined by his team he went to the place. On noticing that in a Tractor and Trailer bearing registration No.KA-34/T-8809 and KA-34/T-8810 sand was being transported, apprehended its driver. The team ascertained his name and address and the said driver was unable to give the details as to the alleged licence or permit entitling him to secure and transport the sand that was being carried in the tractor. As such, seizing the vehicle along with the goods, the complaint for the alleged offences was registered against the accused. After completion of investigation, the complainant police have filed the charge sheet against the said driver arraying him as accused No.1 and its owner of the tractor (Dodda Mareppa) as accused No.2 for the aforesaid offences.