JAGDISH KUNWARJI BABHANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, the applicant has prayed for his release on anticipatory bail in case of his arrest in connection with FIR C.R.No. 11993002220634 of 2022 registered with Adipur Police Station, Dist.Kachchh for offences punishable under Ss. 379 and 114 of the Indian Penal Code and Ss. 4(1) , 4(1) A of the Mines and Minerals (Regulation and Development) Act , 1957 as well as Gujarat Mines (Prevention of illegal Transport and Storage) Rules of 2005, 2016 and 2017 Rule No.3, 7 and 12.

(2.) Heard learned advocate Mr.Soni for the applicant and learned Additional Public Prosecutor Mr.Chintan Dave for the respondent - State.

(3.) As per the FIR, the illegal mining had taken place at the instance of the present applicant, who is shown as original accused no.2 in the said FIR. As per the FIR, the illegal mining to the extent of 51612.5 MT of mineral sand valued @ Rs.175.00 MT amounting to Rs.90,32,187.00 was done by seized vehicles used in said mining valued at Rs.80.00 lakhs and the compounding fee all totaling to Rs.1,33,70,293.00. Thus, as per FIR, the total amount of sand excavated by the present applicant and other co-accused persons are running in crores of rupees.