H.P.Sandesh, J.

Heard the arguments of the petitioner's counsel and the HCGP for respondent State.

2. The factual matrix of this case is that on 8.10.2017, at about 14.00 hours, the complainant on receiving credible information about a person illegally removing and transporting sand in tractor trailer from Sudi village, the complainant along with staff and panchas, at 3.00 p.m. proceeded towards Sudi village, and while one tractor and trailer was coming from Sudi village, they intercepted and stopped the vehicle, the driver of the vehicle ran away. On enquiry it was ascertained that without having any pass or permit the driver and owner of the vehicle were involved in illegal sand mining and they found that the tractor was loaded with brass sand and hence he seized the tractor trailer along with sand. Thereafter, a case has been registered for the offence punishable under section 379 of IPC and under section 21 of Mines and Minerals (Regulation of Development) Act, 1957.

3. The main contention of the petitioner in this case is that he has not committed any offence as alleged against him and there is a bar under Section 22 of MMDR Act, 1957 and KMMC Rules and the complainant su