ABDULRAHIM SULEMANKAZI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, the applicants herein have prayed to quash the impugned FIR being C.R. No. I - 59 of 2016 registered with Ankleshwar Rural Police Station, for the offences punishable under Ss. 3, 5, 6 and 13(1) of the Gujarat Mines and Illegal Excavation (Prevention) Rules, 2005 and Sec. 379 of the Indian Penal Code and all other consequential proceedings arising out of the said FIR qua the applicants herein.

(2.) The brief facts leading to filing of the present application are that the respondent No.2 registered the complaint stating before the concerned police station that the respondent No.2 had received information from Government agencies that near sim of Village Kharod at GIDC, Ankleshwar, some hazardous waste is being disposed of by certain persons in the fields. Inquiry came to be initiated and inspection has been carried out on 24/5/2016 at nearby field of Village Kharod. During such inquiry, they have found suspicious activities in Survey Nos.4321/1 and 376 belonging to the applicants herein and in Survey No.369 belonging to the Government. The applicants were called for interrogation. The investigating agency found that their fields were leveled by taking illegal sand worth Rs.8500.00. It was further found that the sand was dug from Survey No.369 (Government land) and loaded into a truck and used for leveling in Survey No.432/1 and 376. The inspecting authorities further found that illegal excavation of sand was in progress at six or seven nearby Survey numbers belonging to the Government at the hands of some private persons. In view of the above, the FIR came to be lodged against the applications herein.

(3.) Heard Mr. Shakeel A. Qureshi, the learned advocate appearing for the applicants and Ms. Maithili Mehta, the learned APP appearing for the respondent - State.