RAMASIDDA LAKKAPPA BANGENNAVAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Whether Pol ice can file complaint for indulging in mining activity or possessing, transporting and deal ing in minerals in contravention of Section 4 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'MMDR Act') which is an offence punishable under Section 21 of MMDR Act, investigate into such complaint and file charge sheet, is the question involved in this case.

(2.) Sri.S.M.Shiraguppi, Police Sub-Inspector of Gokak Rural Pol ice Station filed complaint Annexure 'B' before the Station House Officer of Gokak Rural Pol ice Station alleging that on the basis of credible information ofillegal extraction and transportation of sand, on 11.03.2018 at 10.35 p.m., himself and his staff along with panchas conducted raid at Government Nala within the l imits of Dundanatti village of Gokak Taluk. It was alleged that the petitioners / accused were found illegally extracting sand and loading the same to tractors and trailers bearing registration numbers (i) KA- 49/T-72 & KA-49/T-73; (ii) KA-32/TA-2937 & unnumbered trailer Chassis No.VGEH2W-387. They were allegedly seized under Mahazar.

(3.) On the basis of Annexure 'B' , the Station House Of ficer of Gokak Rural Police Station registered First Information Report in Crime No.97/2018 for the offence punishable under Section 379 of the Indian Penal Code, 1860 [for short 'IPC'] and Sections 4(1), 4(1A), 21 & 42 read with Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 [for short 'MMDR Act'] and under Rules 3, 32 and 44 of the Karnataka Minor Mineral Concession Rules, 1994 (for short 'the KMMC Rules'). The FIR and the complaint are submitted to the jurisdictional Judicial Magistrate and the respondent pol ice are investigating into the matter.