SANJAY Vs. STATE

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the of the Constitution of India read with Section 482 Cr. P. C, the petitioner seeks quashing of the fir bearing No. 96/2008 dated 23. 04. 2008 registered at Police Station alipur under Section 379/411/120b/34 IPC dated 23rd April, 2008 against the petitioner and others on the allegations that he was involved in illegal mining of sand from Yamuna Basin.

(2.) THE FIR was registered by the police suo moto having come to know that some persons were removing and selling sand from the Yamuna Basin for the last days. On that basis on 22nd April, 2004 they committed a raid and visited the site where they found one dumper bearing Tata No. HR-69-1769 filled with the sand. The person who was driving the said dumper when asked to produce the documents failed to produce any document and rather told that he was behind illegal mining. At that time some other digging equipments were also found which were also taken into possession and the petitioner and some other persons were arrested.

(3.) IT is also the case of the police that acts which are the basis of this fir tantamount to illegal mining which is an offence under section 379/411 of IPC besides being a cognizable offence under Section 21 (6) of the Mines and Minerals (Development and Regulations) Act 1957 (hereinafter referred to as the said Act) and is also in violation of the orders of the Apex Court in m. C. Mehta v. Union of India.