VIKRAM MERU ODEDARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application filed under Sec. 482 of the Code of Criminal Procedure, 1972 (for short, 'the Cr.P.C .) praying to quash First Information Report (FIR) being I-C.R.No.28 of 2014 registered with Miyana Marine Police Station, District: Porbandar for the offence punishable under Ss. 4(1), 4(1) (A) of the Mines and Minerals Act and Sec. 3, 5, 6 of Gujarat Mineral Rules, 2005.

(2.) It is the case of the complainant, namely, Mr.Devendra S. Bariya, who is the Royalty Inspector (In-Charge), Mines and Minerals Department, Porbandar that when he was on surprise checking on 7/6/2014, at Village: Bhavpara, he noted illegal mining activity and found certain articles including the excavation machines, at Survey No.1/19, of Village: Bhavpara. On inquiry, he found that no lease is granted at the place. In the presence of the Sarpanch, the said checking was made and the muddamal of Rs.38, 93, 755.00 came to be seized including the machine used for mining activity. With the aforesaid allegation, the FIR came to be filed, which is impugned in this petition.

(3.) This Court has passed an order on 11/8/2014 as under: