ORDER :

1. Heard the learned counsel for the petitioners and learned HCGP.

2. This petition is filed seeking to quash the FIR and complaint dated 19.01.2018 in Crime No. 18/2018 of Yamakanmaradi Police Station registered for the offence under Section 379 of IPC and Section 4(1), 4(1-A) and Section 21 of Mines and Minerals (Development and Regulation) Act, (hereinafter referred to as the ‘MMDR Act’ for brevity) 1957 as against the petitioners. The said FIR has been registered on the information filed by CPI Hukkeri circle.

3. It was alleged that on the basis of credible information of illegal mining and transporting of sand on 19.01.2018 at 9.00 a.m. the complainant along with his staff intercepted the TATA-407 Tempo bearing Registration No. KA-26/4809 coming form Narasingpur towards Managutti cross, within the limits of Yamakanmaradi Police Station. Upon checking, the said vehicle was found transporting sand worth Rs. 3,000/-. Upon enquiry, the crew of the said vehicle 407 Tempo it is revealed that the sand was illegally extracted from backwater of Ghataprabha river, Hidkal Dam within limits of Beeranaholi.

4. The learned counsel for the petitioners relying on Section 22 of the MMDR Ac