RAM ADHAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution has been filed praying that the F.I.R. of Case Crime No. 76 of 1988 be quashed and the loader machines which have been seized may be returned to the petitioners.

(2.) The record shows that the Incharge Officer (Mines) Fatehpur received information that some persons were carrying on illegal mining of sand from Oti area on the bank of river Yamuna. Sri Sarvesh Chandra Misra, Addl. District Magistrate, Fatehpur (Officer-incharge, Mines) along with Sri G.N. Tripathi S.D. M. Sadar, Circle Officer of Bindaki, Circle Officer of Hathgaon, Inspector of P.S. Bindaki along with eight other Station Officers and some police personnel conducted a surprise inspection of mining area in Oti. They found two loader machines in plot No. 64 out of which one was engaged in mining operation and one loader machine in plot No. 59 which was also engaged in excavating sand. Naresh Gautam and Vijay Kumar, who were operating the loader machines, informed the inspecting party that the same had been sent by Karvaria and Sulakhi Yadav of Allahabad and the rent of each machine was Rs. Twelve thousand per day. Lessees of Plot Nos. 59 and 64 were not present. On further search one Spring field Rifle, one 12 bore D.B.B.L. gun and one S.B.B.L. gun along with cartridges were found in a hut at that place. A recovery memo was prepared on the basis of which a case was registered at the concerned Police Station.

(3.) The case of the petitioners is that one Smt. Sumitra Devi wife of Ram Chandra had been given lease of plot No. 64 to carry on mining operation for a period of three years by the order of the District Magistrate, Fatehpur, dated 2-1-1998. She had deposited the premium and a lease had been executed in her favour. Smt. Sumitra Devi had entered into an agreement with M/s. Sharma Associates, Ashok Vihar, New Delhi, on 12-5-1998 to load sand in trucks and tractors. The loader machines belong to Ram Adhar Nishad. According to the petitioners, the sand was being excavated by Smt. Sumitra Devi who had authorised M/s. Sharma Associates to do the loading work. According to the petitioners the F.I.R. discloses commission of no offence and therefore, the same is liable to be quashed. The petitioners further submit that as no offence has been committed, the seizure of the loader machines is illegal.