RAJU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner has approached this Court seeking the following reliefs:-

(2.) On 27.03.2018, respondent no. 3 lodged an F.I.R. alleging therein that when he was on patrolling with other police personnel, he got information about illegal mining at Saisa Ghat in front of Maharaja Stone Crusher. On the said information, the police personnel reached at the spot and found that some tractors were digging illegal R.B.M. whereupon the tractors were intercepted and drivers were arrested on the spot. It is stated in the F.I.R. that while interrogation, the arrested drivers told that they did the illegal mining on the instructions of the owner of tractors and owner of Maharaja Stone Crusher.

(3.) Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the instant crime and the petitioner is implicated in the present case only on the basis of statement given by the driver of the tractor. He further submitted that in respect of illegal mining, there is a specific provision under Sec. 4/20 of the Mines and Minerals (Regulation and Development) Act, 1957 and the said provision could be invoked against the petitioner. He submitted that the offences under which F.I.R. has been lodged are minor offences and punishment under these Sections is less than seven years and petitioner's case is covered by the judgment of Honourable Apex Court in the matter of Arnesh Kumar Vs. State of Bihar and another, reported in (2014) 8 SCC 27 He also contended that direction may also be issued to the concerned Investigating Officer to comply the provision of Sec. 41 Crimial P.C., 1973 and the guidelines issued in the Arnesh Kumar's case may be followed by the Investigating Officer.