HANMANT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the petitioner's counsel and learned HCGP for the respondent-State.

(2.) The petitioner by invoking Sec. 482 of Crimial P.C. prayed this Court to allow this petition by quashing the order of the IV Addl. District and Sessions Judge and Special Court at Belagavi dated 4.12.2018 rejecting the application filed by the petitioner for release of the vehicle JCB Hitachi in Belgaum Rural Police Station filed a Private Complaint No.66/2018 on the file of the II JMFC, Belagavi for the offences punishable under Sections 4(1A), 21, 22 of MMDR Act, 1957 read with Sections 3, 32, 44 of KMMC Rules 1974.

(3.) The main contention of the petitioner before this Court is that JCB Hitachi belongs to the petitioner and the allegation made in the complaint is that they came to know that the vehicle has involved in transportation of the sand and the case has been registered making allegation that the vehicle was used for illegal transportation of the sand. Further contention is that the Court below erroneously rejected the application filed by the petitioner for release of the vehicle on the ground that no RC is produced before the Court.