NAGSI KHEMU HARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 arises out judgment and order dated 28th October, 2005 of learned Additional Sessions Judge, Third Fast Track Court, Kutch at Bhuj in Criminal Appeal No.32 of 2003, whereby the said Appeal preferred by the applicant -accused came to be dismissed, and in turn judgment and order dated 29th April, 2003 passed by learned Judicial Magistrate (First Class), Nalia -Kutch in Criminal Case No.87 of 1997 came to be confirmed.

(2.) LEARNED Magistrate in the aforesaid criminal case convicted the applicant for the offence under Rule 5 read with Rule 42 of the Gujarat Minor Minerals Rules, 1966, and sentenced him to undergo simple imprisonment for six months and to pay fine of Rs.01,000/ - in default of payment of which, to undergo further simple imprisonment for 15 days. The said conviction and sentence came to be confirmed by the appellate court.

(3.) A complaint came to be filed against the applicant by the Mines Supervisor, Department of Mines. In the said complaint filed before the Court of learned Judicial Magistrate, Nalia, Kutch, offence in respect of illegal mining was alleged against the applicant, stating inter alia that the applicant had unauthorisedly mined the area in the land bearing Survey No.157 of Village Raydhanjar, Taluka Abdasa, Kutch; that during the period from 01st March, 1997 to 07th May, 1997, though the applicant did not have the requisite permission or subsisting quarry lease, he carried out excavation of black stones to process the same to make chips after crushing the stone. It was alleged that 400 MT black stone was excavated without permission and without paying royalty to the State Government, payable at the rate of Rs.12/ - per MT being total amount of Rs.04,800/ -. It was further alleged that by illegal excavation, financial loss to the extent of Rs.40,000/ - was caused to the State Government. Accordingly for the offences punishable under Rule 5 read with Rule 42 of Gujarat Minor Minerals Rules, 1996, criminal case No.87 of 1997 came to be registered.