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 26.5.2018, at about 10.00 a.m., the complainant on receiving credible information about a person illegally transporting sand in a truck from Maharashtra towards Shiraguppi via Shedbal village, the complainant along with staff and panchas, at 10.15 a.m. proceeded towards Shiraguppi village, and while one truck came from Jugol side, the driver of the said truck, on seeking the raiding party, by abandoning his vehicle at the spot, ran away. On suspicion, they inspected the truck bearing No.MH-10/Z-4343 which was loaded with sand and it was ascertained that the driver and owner of the truck were involved in illegal transportation of sand and hence he seized the truck along with sand. Thereafter, a case has been registered for the offence punishable under section 379 of IPC and under sections 4(1A), 21, 22 of Mines and Minerals Regulation of Development Act, and Rule 3, 32, 44 of KMMC Act.

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 2