VANZARA GANGAJI NARAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Misc. Application No.9424 of 2018 is filed by the three applicants under Sec. 482 of the Code of Criminal Procedure, 1973, seeking quashment of the impugned FIR being C.R.- I No.36 of 2018 registered with the Ladol Police Station, District : Mehsana for the offences punishable under Sec. 319 of the Indian Penal Code, Ss. 4(1) and 4(1)(A) of the Mines and Minerals Development and Regulation Act, 1957 and Rules 3 and 7 of the Gujarat Prevention of Illegal Mining (Transportation & Storage) Rules, 2017.

(2.) The brief facts of the prosecution case, in substance, are that though the applicants are allotted the place on lease for mining the sand by the Government, the applicants have used additional place, over and above the leased place and thereby committed an offence of theft of minerals - sand, and stored in stockyard against the rules and further the applicants have misused the royalty passed issued to them and used the same for another place and thereby committed an offence noted above.

(3.) It is noted that two matters i.e. Criminal Misc. Application No.13692 of 2018 and Criminal Misc. Application No.14725 of 2018, though listed along with this group of petitions, are de-tagged from this group and are adjourned to 11/8/2023.