GANGADHARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State.

(2.) This petition has been filed by the petitioner against initiation of the proceedings in C.C.No.468/2015 arising out of Crime No.31/2014 registered for the offences punishable under Rules 3, 42, 43 of the Karnataka Minor Mineral Concession Rules, 1994 (for short 'KMMC' Rules) and Sections 4, 4(1A) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'MMDR' Act). In this petition, the petitioner is seeking for quashment of the entire proceedings in C.C.No.468/2015 pending before the Principal Civil Judge (J.D.) and JMFC, Sindhanur.

(3.) Factual matrix of this petition are as under:- It is stated in the petition that on 16.02.2014, the PSI of Sindhanur Rural Police Station has received credible information that a lorry has been used by the driver without having any valid permit for the purpose of extracting sand from Thungabhadra river. Therefore, the PIS has formed team consisting pancha witnesses namely, Ganesh and Kariveerappa and had been to the place where the sand has been extracted. On the aforesaid date at about 7.20 p.m., a lorry bearing No.KA-53/A-930 loaded with sand has been intercepted by the PSI of Sindhanur Rural Police Station and on inquiry with the driver of the said lorry, he did not produce any permit to transport the sand. After confirming that the driver was transporting the said sand without having any valid permit, seized the lorry and also apprehended the driver of the lorry namely Gangadhar S/o Chunchegowda R/o Boregowdanapalya, Kunigal Taluk, Tumakuru District. Subsequent to apprehension of the driver of the aforesaid lorry, the PSI of the Sindhanur Rural Police Station has conducted seizure Mahazar and after investigation, laid the charge sheet against the accused for the aforesaid offences.