ARVIND PRADHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested on 02.02.2021 in connection with Crime No. 25/2021, registered at Police Station- Chhura, District- Gariyaband (C.G.) for the offence punishable under Section 379 of I.P.C. and Section 4, 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short "the Act, 1957").

(2.) Case of the prosecution, in brief, is that the applicant was carrying 221 pieces of diamond without any authorization. The facts reflected from the case diary, is that on information received from informant that the applicant, who was coming from Bagbahara Tuhlu and going to Mongra Charouda, is carrying diamond without any authorization. The said diamond were theft from Paylikhand, which is restricted mining area. The applicant was enquired and asked to submit the valid document for transporting the said diamond, when he was unable to explain the same, he was arrested on 02.02.2021 and on search, 221 pieces diamond were found, therefore, the offence under Section 379 of I.P.C. and Section 4, 21 of the Act, 1957 was registered against the applicant.

(3.) Before examining the case, it is necessary for this Court to go through with the relevant provision of the Act, 1957. Section 4 of the Act, 1957 provides about prospecting or mining operations to be carried out under licence or lease, which is produced as under:-