H.P. SANDESH, J.

1. Heard the arguments of the learned counsel appearing for the petitioner and the learned Addl. SPP for the respondent-state.

2. The factual matrix of this case is that on 09.06.2018 at 17.00 hours the complainant on receiving credible information about extracting of sand and dumping in the tempo illegally at Malaprabha river near Lakkebail village, the complainant along with staff and panchas at 9.45 am reached the spot and while one tempo was coming from Malaprabha river the complainant and staff signaled to stop the vehicle but driver of the vehicle stopped the vehicle and tried to escape from the spot. However, he was caught hold of him and on enquiry he told his name as Basavaraj Gangaram Andhare of Lakkebail village and he was transporting the sand in the vehicle. On enquiry he revealed that he does not have any permit or pass from the Government for transporting the sand and hence the same was seized including the vehicle. Thereafter, the case has been registered for the offence under Section 4(1A), 21, 22 of Mines and Minerals Regulation of Development Act, and Rule 3, 32, 44 of KMMC Act and Section 379 of IPC.

3. The main contention of the petitioner