ORDER :

Petitioners in these cases are accused Nos.2, 4 and 5 in Crime No.68/2018 of Kolhar Police Station. The said case was registered against petitioners and three others for the offences punishable under Sections 379 IPC and 3(1) and 42 Karnataka Minor Mineral Concession Act, 1994 and 4(1), 4(1)(a) MMDR Act, on the basis of complaint of one Sri Kosayya, Deputy Tahasildar, Kolhar.

2. While filing the charge sheet, offences under Sections 3(1) and 42 Karnataka Minor Mineral Concession Act, 1994 and 4(1), 4(1)(a) MMDR Act were dropped and charge sheet was filed only for the offence punishable under Section 379 IPC.

3. Case of the prosecution in brief is as follows:

On the basis of credible information of illegal transportation of crushed stones, on 09.04.2018 at 02.00 a.m. the complainant along with police and other concerned department officers and officials, conducted search of Tippers No.KA-33-A-1376 and KA-29-A-0864 at Kolhar UKP cross on N.H.218. In Tipper No.KA331376 accused were transporting three brass crush stones worth Rs.3,00,000/- and in Tipper No.KA-29-0864 2½ brass manufactured sand worth Rs.3,000/- and they were seized under the Mahazar. On interrogation, the driver of