JUDGMENT :

K.S.Mudagal, J.

Whether respondent police could register Crime No.111/2019 for the offences punishable under Section 379 IPC and under Sections 21(3), 21(4) and 22 of Mines and Minerals (Development and Regulation) Act 1957, on the basis of complaint of Sri Basavaraj Village Accountant of Nagral Village and proceed to investigate into such case is the question involved in this case.

2. It was alleged that on 14.05.2019 at 03.00 p.m. on the basis of information of illegal extraction and transportation of sand, Basavraj - complainant, Suresh R. Ankalgi - Tahasildar of Shorapur and his team with the assistance of Shorapur Police, intercepted Tipper No.KA-28-C-5145 and KA-33-A-7522, near Nagral cross of Shorapur Taluka, Allabax and Rayappa were the crew of the vehicles. On checking they found transporting about 26 Cubic meter sand worth Rs.20,800/- in those Tippers. It was alleged that on interrogation of those drivers revealed that they were transporting the sand from Chowdeshwarhal Kirshna River basin to Hunasagi village. Further, they revealed that they were transporting the sand at the instructions of the owners of the vehicles. The said sand and Tippers were seized.

3. On t