SARVESH GAONKAR Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Ms. A. Agni, learned Senior Advocate for the applicant and Mr. P. Faldessai, learned Addl. Public Prosecutor for the Respondents

(2.) This is an application for bail for the offence punishable under Ss. 286, 336 of the Indian Penal Code, 1860, Sec. 17-A of the Goa Town and Country Planning Act, 1974 and Sec. 5 of the Explosive Substances Act, 1908. The applicant was arrested on 27/2/2023 in connection with FIR No.31/2023 registered with Ponda Police station. It appears that the Flying squad of the South Goa District noticed that there was illegal hill cutting with the use of gelatin sticks, when they inspected the spot on 13/2/2023. It is alleged that the hill was cut for the purpose of road which would lead to the applicant's house. Gelatin was recovered from the open space.

(3.) The applicant was not actually found in possession of any explosive substance. There is nothing to indicate that the explosive substance was under his control.