BHAVESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. NO.11185003230602 of 2023 registered with Kalyanpur Police Station, District: Devbhumi Dwarka, for offences under Ss. 379, 406, 420, 465, 467, 468, 471, 114 and 34 of the Indian Penal Code, 1860, Ss. 3 and 21 of the Gujarat Minerals (Prevention of Illegal Mining Storage and Transportation) Rules, 2017 and Ss. 4 (1), 4(1)(A), 21(1) and 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957.

(2.) Heard learned counsel Mr. Yash N. Nanavaty for the applicants and learned APP Mr. Manan Mehta for the respondent State.

(3.) The matter was heard in the first session and in response to a specific query by the Court that, whether any proceedings under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 are initiated against the present applicants or not, learned counsel appearing for the applicants has tendered an affidavit of one Mr. Ghelubhai Boghabhai Kambariya - uncle of the applicants, wherein, he has stated that the quarry in question has not received any notice prescribed under the provisions of the Gujarat Minerals (Prevention of Illegal Mining Storage and Transportation) Rules, 2017 quantifying and demanding any amount of penalty payable under the said rules by the concerned department i.e. Geology and Mining Department in connection with the alleged offence. The affidavit dtd. 19/7/2023 is taken on record and as the aforesaid affidavit indicates that though an offence about illegal theft of mining is alleged against the applicants, no proceedings under the relevant rules are initiated against the present applicants.