PRAKASHBHAI LALABHAI OAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No.11824001220291 of 2022 registered with Vyara Police Station, District Tapi for the offences under Ss. 379 and 114 of the Indian Penal Code, 1860 ( IPC ) and Ss. 3, 21 and 22(a) of the Gujarat Mineral (Prevention of Illegal Mining Storage and Transportation) Rules, 2005, 2016, 2017 and under Sec. 4(1) A of the Mines and Mineral (Regulation and Development) Act , 1957.

(3.) It is the case of the first informant that he is a Royalty Inspector working in District Seva Sadan Office in Geologist in Surat. The first informant along with other officers of the Geology and Mining Department on 7/2/2022 near Village Magarkui, intercepted one Truck bearing registration No.GJ-19-T-9001 and asked the driver to give royalty pass of the sand loaded in the truck however, the driver fled away. The officers found approximately 18 metric ton sand worth Rs.90,000.00. The said truck was sent to Jilla Seva Sadan, Vyara. The officers intercepted another Truck bearing registration No.GJ-05-UU- 7039. Upon inquiry, driver gave his name as Chetanbhai Ishwarbhai Oad and the name of the owner was Prakashbhai Lalabhai Oad. There was no royalty for the sand weighing 18.33 metric ton worth Rs.91,650.00 was given and both the vehicles were parked outside the gate of the Jilla Seva Sadan at 4:05 pm on 7/2/2022 and the seizure memos were drawn however, on 8/2/2022, both the trucks were not found.