Petitioner has been arrayed as accused No.1 in Crime No.43/2017 registered by Maddur Town Police Station for the offences punishable under Sections 188 and 379 of IPC and Rules 3 and 31R of the Karnataka Minor Mineral Concession Rules, 1994 (for short ‘Rules’) and under Sections 4, 4(4a), 21, 22 and 21(a) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short ‘Act’) alleging that, at about 8.00 p.m., complainant, who was on rounds, had received a credible information that on the river bed of Shimsha river near Anjaneya temple of Maddur Town, a Tipper Lorry was transporting illegally extracted sand without permit or license. Hence, they proceeded to the spot and saw the petitioner along with two other persons loading sand and on noticing the Police, petitioner said to have ran away from the spot and the driver and cleaner/accused Nos.2 and 3 were apprehended along with sand. On investigation being taken up and during the course of investigation, on the strength of the statement made by accused Nos.2 and 3, petitioner and accused No.4/owner of the vehicle were also apprehended. For quashing of the said proceedings, petitioner is before this Court.

2. I have