THE HON'BLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.3101 OF 2025

ORDER :

This Criminal Petition is filed seeking to quash the proceedings in Crime No.47 of 2025 on the file of P.S Nagarkurnool, Nagrkurnool District for the offences under Section 303 (2) r/w 3 (5) of BNS, 21(1) of MMDARA, 3 PDPPA registered on 13.02.2025.

2. Brief facts of the case are that FIR was registered vide FIR No.47 of 2025 on 13.02.2025 for the offences under Section 303 (2) r/w 3 (5) of BNS, 21(1) of MMDARA, 3 PDPPA on the basis of the complaint being filed by R.Krishna, PC 801 of P.S.Nagarkurnool wherein he stated that on 13.02.2025, he along with one E.Bhanu Prakash Reddy, PC 9814, while performing patrolling in Nagarkurnool Town on dial 100 duty, they found Mahindra Tractor bearing No.TS 317647 and Trolley No.AP 1A9174 transporting sand near Government Hospital Chowrastha. Upon enquiry, the driver of the tractor revealed his name as Kavali Rama Krishna and that he has no permission document for transporting sand and that on the directions of one Bandi Chennaiah, he was transporting the sand illegally, without any permission from Thudukurthy Vagu to Nagarkurnool. Based on the said complaint, he requested to take action against the driver of the offending vehicle, in accordance with law.

3. Learned counsel for the petitioner would submit that the petitioner had unequivocally admitted guilt and sought relief as per G.O.Ms.No.15, Industries and Commerce (Mines-I) Department, dated 19.02.2015 issued by the Government of Telangana. For the sake of convenience, Rule

13 of the said G.O, reads as follows:

“12. For the Rule-13, under the heading “Offences”, the following shall be substituted “Any vehicle found transporting sand without valid transit pass issued by the Asst. Director of Mines & Geology concerned to Telangana State Mineral Development Corporation OR transit form issued to the pattadar for de-casting sand from patta land will be deemed illegal and in contravention of these rules”. The definition of transit form and transit pass is as described below:

Sl.No. Type of Purpose Rule Documentary Evidence

1 Transit form Source to Form-S3 destination (Rule 7(4) of in respect of TSSMR, 2015)

de-casting in pattaland (1) Any vehicle transporting sand along with transit pass issued by the Asst.Director of Mines & Geology concerned to Telangana State Mineral Development Corporation OR transit form issued to the pattadar, if found, carrying sand in excess of the quantity permitted by the Transport Dept., such excess quantity shall be imposed a fine @ Rs.2000/- per MT.

(2) Any vehicle/machinery, if found involved in illegal extraction and transportation of sand in contravention of these rules shall be levied penalty for such each vehicle/machinery as detailed below:

4. Learned counsel further submits that since the petitioner falls in the first category, he had paid an amount of Rs.5,050/- towards penalty to the credit of Department of Mines & Geology, Government of Telangana. Upon such payment, the Assistant Director of Mines and Geology, Department of Mines and Geology vide its letter No.9/Penalty/NGKL/2016, dated 18.02.2025 addressed to the Station House Officer, P.S.Nagarkurnool, Nagarkurnool District, stated that the petitioner Bandi Chennaiah, paid penalty amount of Rs.5,050/- for unauthorized transportation of sand, vide bank reference No.113654224457/18.02.2025 and requested to release the vehicle as per Telangana State Sand Mining Rules, 2015.

Learned counsel further submits that nothing would subsist as against the petitioner to continue the proceedings against him and his tractor which has been confiscated, has to be returned to him upon penalty amount being accepted by the Department of Mines a