JUDGMENT

G S Ahluwalia, J. - Heard finally through Video Conferencing.

2. Case diary is not available. It is submitted by the counsel for the applicant that the case may be decided on the basis of the allegations made in the rejection order.

3. This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

4. The applicant has been arrested on 09.09.2020 in connection with Crime No.408/2020 registered at Police Station City Kotwali Distt. Bhind for offence under Section 379 of IPC and Section 53 of Madhya Pradesh Gaud Khaniz Adhiniyam and Section 130/177 of the Motor Vehicles Act.

5. It is submitted by the Counsel for the applicant, that according to the rejection order, a dumper, which was loaded with sand, was seized and the driver was not in possession of e-TP or any document to show the payment of royalty. It is submitted by the counsel for the petitioner that the State has framed Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules, 2019 and as per Rule 20 of the Rules, 2019, in case of illegal mining, the matter can be compounded on payment of penalty and royalty. It is submitted that in the light of the Rules, 2019, no offence is made