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2010 Supreme(Guj) 284

AKIL KURESHI
Vishalbhai Rameshbhai Khurana – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. T.S. Nanavati, Mr. P.P. Majmudar, Mr. S.P. Majmudar, Mr. Ashish Dagli, Mr. P.S. Champaneri, Mr. Ruturaj Nanavati & Mr. L.M. Zala, for the Petitioners.
Ms. M.L. Shah & Mr. M.G. Nanavati, APPs for the Respondent.

Judgment

Akil Kureshi, J.—This group of petitions involve similar questions of law though individual facts are slightly different. They, therefore, are heard together and are being disposed of by this common judgment.

2. Facts may be noticed from Criminal Misc. Application No. 5230 of 2010. In the said petition, the petitioners-original accused have challenged the legality and validity of criminal complaint bearing C.R. No. 326/08 filed before Bhuj Taluka Police Station by Geologist of the State Government. In the complaint, it is stated that from the letter of the Mamlatdar it was learnt that in the sim of village Angiya, mineral (black trap) was being excavated by M.S. Khurana Engineering Company. Upon spot inspection, one JCB Machine and a dumper loaded with black-trap were found at the spot which were seized by the Police. Supervisor of the Company was present. His statement and the statement of one labourer were recorded. Statement of driver of the dumper was also recorded. They could not produce necessary licence for such mining. It was found that such illegal mining was being carried out at three different places. The Geologist estimated total cost of illegal mining of mineral


































































































































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