KAID KARIMBHAI JINJARIWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Public Prosecutor waives service of notice of rule on behalf of respondent-State. With the consent of learned advocates on both the sides, the matter is taken up for final hearing today.

(2.) By way of this petition, the petitioner has prayed to quash and set aside the order dtd. 12/10/2020 passed by the learned 3 rd Additional Chief Judicial Magistrate, Godhra, Panchmahals below Muddamal Application, as also to quash and set aside the order dtd. 1/12/2020 passed by the learned 4th Additional Sessions Judge, Godhra, Panchmahals District in Criminal Revision Application No.46 of 2020 and to order release of the muddamal i.e. Ashok Leyland Make Model Name U- 2518 T BSIV Goods Carrier bearing Registration No.GJ17UU4618, Chassis No.MBIHTLHD7JPYF2684, Engine No.JYPZ142879], in favour of the petitioner.

(3.) Learned advocate for the petitioner submits that the FIR against the petitioner is registered under Ss. 379 , 114 and 120B of the Indian Penal Code and under Rule 3, 21 and 22(a) of the Gujarat Mineral (Prevention of Illegal Mining, Transport and Storage) Rules, 2017 and under Ss. 4 (1-A), 21(1), 21(4) and 21(4A) of the Mines and Mineral (Regulation and Development) Act , 1957. The report in Form-J for the offence under the Mines and Mineral (Regulation and Development) Act . Learned advocate for the petitioner submits that the competent authority is authorised to compound the offence under the Mines and Mineral (Regulation and Development) Act , 1957.