HITESHBHAI KHIMJIBHAI THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive anticipatory bail application is filed by the applicant under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the FIR being C.R. No. 1 1 1 8 4 0 0 2 2 0 0 7 9 8 o f 2 0 2 0 registered with Chhota Udepur Police Station, District: Chhota Udepur for the offences punishable under Ss. 379 , 420 , 465 , 466 , 467 , 468 , 471 and 120(B) of the Indian Penal Code and under Ss. 4(1) and 4(1) A of Mines and Minerals (Regulation and Development) Act and under Ss. 3, 7(1)(b) and 21 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules - 2005, 2016 and 2017.

(2.) Heard learned advocate Mr. Premal S. Rachh for the Applicant and learned APP Mr. Dharmesh Devnani for the Respondent - State.

(3.) The brief facts of the case are that the original informant is serving as the Mines Supervisor on contract basis, on 4/7/2020 the original informant got the telephonic information on which the original informant along with other supervisors went to the place of offence, whereby the informant found that the truck bearing registration No. GJ-34-T-7742 and GJ-34-T-7743 have been loaded with the dolomite (stone) minerals, and when the original informant asked for the royalty pass regarding transporting the same from the drivers of the said truck being original accused Nos. 1 and 2, the drivers gave the stock delivery challan of "Heer Trade', thereafter on verification of the said delivery challan on the online portal, it came to know that details mentioned on the online portal, it came to know that aforesaid does not match with the details mentioned on the online portal, and thus, it was found that there is hug different in both the quantities and the same is being forged. It is alleged that thereafter, on asking about the same, the original accused Nos. 1 and 2 informed that the owners of the said truck are the original accused Nos. 3 and 4 and alleged mines and minerals have been excavated from the mines of the original accused No. 7 and the same has been loaded in the alleged truck by the original accused no. 6, and the delivery challan regarding the same was issued by the original accused persons, in connivance with each other, have committed the alleged offences. Accordingly FRI in question came to lodged against the present applicant.