LAWS(MPH)-2021-6-24

DHARMENDRA Vs. STATE OF M. P.

Decided On June 07, 2021
DHARMENDRA Appellant
V/S
STATE OF M. P. Respondents

JUDGEMENT

(1.) Heard Through Video Conferencing.

(2.) The brief facts leading to filing of this case are that FIR was registered against the petitioner at Crime No.160/2020 by Police Station- Narwar, District- Shivpuri for the offence punishable under Section 379 of IPC and Sections 21(A), 4(A) of Mines and Minerals Act, 1957 on the ground that in the intervening night of 03/09/2020, an information was given by the informer that a tractor-trolly loaded with illegal sand is going from Poha Bypass to Narwar and on that information, the police officials and witness Lakhan reached the spot and stopped the said tractor-trolly and said the driver- Manoj Jha S/o Ramcharan Jha to show any valid documents of loaded sand but he was not having any valid documents and royalty for transporting the said sand. Thereafter, the tractor-trolly was seized by the respondent.

(3.) The petitioner being owner of the said tractor-trolly deposited the fine amount on 27/10/2020 through online. Being aggrieved, the petitioner filed an application under Section 457 of Cr.P.C. before the trial Court for releasing the tractor-trolly which was dismissed vide order dated 28/12/2020. Thereafter, the petitioner filed a Criminal Revision No.05/2021 before the Court of JMFC, Karera, DistrictShivpuri which was also dismissed vide order dated 24/02/2021.