BHANJIBHAI RAMJIBHAI SOLANKI KADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), the petitioner has prayed for quashing and setting aside the impugned FIR being C.R.No.II-1 of 2014 registered before Rajkot Taluka Police Station, Dist.: Rajkot for the offfence punishable under Ss. 3, 5, 6, 13 of the Gujarat Mineral Prevention of Illegal (Mining, Transportation and Storage) Rules, 2005, Ss. 4(1), 4(1)A, 21 of Mines and Mineral (Development and Regulation) Act and Ss. 4 and 68 of the Gujarat Mines and Minerals Rule, 2005 as well as other consequential proceedings arising out of the aforesaid FIR qua the petitioner.

(2.) The facts of the case suggest that on 21/10/2013, D.K.Patel, Assistant Geologist (Mineral Researcher) Rajkot, has sent one report to the complainant to the Police Sub-inspector, Police station, Jamnagar Road Taluka, Dist. Rajkot, and on the basis of same, FIR came to be registered. It was learnt that in the Government waste land of village Kathariya, Blacktrap mineral was being illegally excavated and transported without any royalty pass, the Officer seized the six tractors being (1) MP.44.M.312. (2) GJ.10.AF.4904. (3) GJ.3.L.2242. (4) MP.14.K.9118, (5) GJ.12.E.8157 and (6) GRG.9774 and sent to Rajkot Taluka Police station and tractor No.GRG.9774, was sent to the office of Senior Geologist as it got puncture. Thereafter statement of drivers and labourer were recorded, from which, it was found that excavation and transportation was done since more than a year, under instruction of Bhanjibhai Ramjibhai Solanki i.e. present applicant and all excavated goods were transported to Kothariya at Dipak Minerals Crusher Plant. It is stated that blasting was also done by the present applicant. On 21/10/2013, inspection was carried out in the excavated land and, in presence of Talati-cum- Mantri, Sarpanch and few panchas land was measured by total station machine. On 24/10/2013 to get specific gravity of the excavated land, sample of four rocks, was sent to the Forensic Science Laboratory at Gandhingar.

(3.) Heard Mr.Jal Unwala, learned Senior Advocate alongwith Mr.Rutviz Oza, learned advocate for the petitioner and Mr.Pranav Trivedi, learned APP for the respondent - State.