KANJARIYA KHALID AHMED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Public Prosecutor waives service of notice of rule on behalf of respondent-State.

(2.) By way of this petition, the petitioner has prayed to quash and set aside the order dtd. 12/10/2020 passed by the 3rd Additional Chief Judicial Magistrate, Godhra, Panchmahals below Muddamal Application, as also to quash and set aside the order dated 01.12.2 02 0 passed by the learned 4th Additional Sessions Judge, Panchmahals at Godhra, in Criminal Revision Application No.49 of 2 02 0 and to order release of the muddamal vehicles 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, 2 017 and under Ss. 4(1)A, 21(1), 21(4) and 21(4A) of the Mines and Mineral (Regulation and Development) Act, 1957. Learned advocate for the petitioner submits that the competent authority is authorized to compound the offence under the Mines and Mineral (Regulation and Development) Act, 1957.