H.P.SANDESH
Balappa Rama Dhanagar – Appellant
Versus
State of Karnataka – Respondent
H.P. Sandesh, J.
1. Heard the arguments of the learned counsel appearing for the petitioner and the learned HCGP for the respondent-state.
2. The factual matrix of this case is that on 16.04.2018 at about 6.00 P.M. the complainant was on patrolling duty near the Ambedkar Circle, Athani has received credible information that a tractor-trailor loaded with sand was being transported illegally, thereafter the complainant along with staff and panchas at 6.20 p.m. left Athani Police Station and proceeded towards the spot and observed that one tractor-trailor was coming from Dodawad towards Satti and they intercepted and stopped the said vehicle and the driver of the vehicle ran away. On enquiry, it was revealed that without having any pass or permit the driver and the owner of the vehicle were involved in illegal sand mining and seized the tractor-trailor along with 1 brass of sand worth Rs. 3,000/- in the presence of panchas. Therefore, the complainant lodged the complaint. Thereafter, the case has been registered for the offences under Section 379 of IPC and under Sections 4(1), 4(1A) and 21 of Mines and Minerals (Development and Regulation) Act, 1957 (for short, the Act) and u
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