DIWAN SAHINSHA SIKANDARSHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Today, learned APP waives service of notice of Rule for and on behalf of respondent nos.2 and 3.

(2.) It is the case of the petitioner that he is the owner of the aforesaid muddamal vehicle. He had preferred an application for releasing the muddamal vehicle, which came to be rejected by the learned Judicial Magistrate First Class, Jambughoda vide order dated 14.10.2019. Therefore, he also had preferred revision, which too came to be rejected by the learned 7th Additional District Judge, Panchmahal, vide order dated 11.12.2019 in Criminal Revision Application No.54 of 2019.

(3.) The alleged vehicle registration No.GJ ?23 ?AF ?5069 was seized for the offence punishable under Sections 332 , 379 , 143 , 147 , 148 and 149 of the Indian Penal Code and under Rule 3, 21 and 22 of the Gujarat (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 for illegally mining 20 ?20 ton sand in five trucks, 80 ton ? total of Rs.4,00,000/ ?. Therefore, an FIR being I ?C.R. No.20 of 2019 came to be lodged with Jambughoda Police Station, Dist ?Panchmahal under Sections 332 , 379 , 143 , 147 , 148 and 149 of the Indian Penal Code.