IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO.4928 OF 2019 BETWEEN:
SRI.MAHADEVA S/O.LATE VENKATARAMANEGOWDA AGED ABOUT 36 YEARS R/AT MALLEGOWDANA KOPPALU VILLAGE ILAVALA HOBLI, MYSORE TALUK MYSORE DISTRICT-570 017 … PETITIONER (BY SRI.SHRIDHARA.K., ADV.) AND:
STATE BY GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, MANDYA REP: PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AMBEDKAR VEEDI,BENGALURU-560 001. ..RESPONDENT (BY SRI.R.D.RENUKARADHYA, HCGP) THIS PETITION IS FILED UNDER SECTION 482 CR.P.C. TO SET ASIDE THE ORDER DATED: 12.02.2019 IN FIR NO.338/2018 MOC. NO.11/2018 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, SRIRANGAPATNA DATED: 04.04.2019 IN THE CRL.RP.NO.47/2019 ON THE FILE OF THE PRINCIPAL SESSIONS JUDGE, MANDYA AND RELEASE THE VEHICLE NO.KA-09B-9185 FAVOUR OF THE PETITIONER AND ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has sought for the following reliefs in this petition:
1. Set aside the order dated 12.02.2019 in FIR No.338/2018, MOC No.11/2018 passed by the Principal Civil Judge and JMFC, Srirangapatna and 04/04/2019 in the Crl.Rev.Pet.No.47/2019 on the file of the Principal Sessions Judge at Mandya and release the vehicle No.KA-09-B-9185 in favour of the petitioner.
ii. Grant any other relief deems fit of this Hon’ble court to meet the ends of justice.
2. Petitioner is stated to be the owner of tipper lorry bearing Regn.No.KA-09-B-9185. The said vehicle was involved for the offences under Sections 21(1), 4(1), 4(1A), 23(A) of Mines and Minerals Development and Regulations Act, 1957 (for short ‘MMDR Act’) read with Sections 378, 379 IPC and Rules 3(1), 42(1) and 43 of Karnataka Minor Mineral Concessions Rule, 1994 (for short ‘MMDR Rules’). The allegation is that stone dust was being transported illegally, hence, case was registered at the behest of the Geologist, Department of Mines and Geology.
3. Learned counsel for the petitioner submitted that stone dust would not come in the purview of MMDR Act for registration of case. It was further contended that petitioner was imposed fine of Rs.34,233/-. Offences are compoundable. Hence, proceedings initiated be set-aside.
4. Per contra, learned counsel for the respondent has not disputed the above factual aspects and also submitted that petitioner has been asked to pay fine of Rs.34,233/- and the said amount is also received by the department.
5. Heard.
6. Having regard to the fact that stone dust would not fall under MMDR Act read with MMDR Rules and the fact that petitioner has been penalized to the extent of Rs.34,233/- and it was remitted to the concerned Department of the Government. Moreover, offences cited supra could be treated as compoundable offences. Accordingly, petitioner has made out a case so as to interfere with the order dated 12.02.2019 passed by the Principal Civil Judge and JMFC, Srirangapatna and 04.04.2019 in Cr.R.P.No.47/2019 on the file of Principal Sessions Judge, Mandya is set-aside. Petition stands allowed. Respondents are hereby directed to release the tipper lorry bearing Regn.No.KA-09-B-9185 provided the vehicle is not involved in any other case/offence.
Sd/-
JUDGE Brn