BENGALURU: Sand transporters, who continuously whinge in opposition to police harassment, have a explanation why to cheer: The Karnataka prime courtroom has mentioned they can only be booked for no longer lifting sand inside the stipulated time and no longer for prolong in attaining the vacation spot.
The directive comes within the backdrop of a petition filed via 40-year-old Bhimashen Rao, a sand transporter and resident of Vijayapura district, in opposition to the state govt. Rao had appealed for quashing of a chargesheet filed in opposition to him via Devalaganagapur police, who had seized his truck (KA-28 C-0687) in 2015 on charges of having violated the allow laws as prescribed via the Mine and Minerals (Development and Regulation) Act, 1957 and Karnataka Minor Minerals Concession Rules, 1994.
According to the allow issued via the public works division, the truck used to be supposed to load sand on August 24, 2015 between 10.36am and 6pm from Teggehallistockyard and used to be to be taken to Kalaburagi. Sand used to be loaded directly to the truck during the stipulated time. But police officers stopped the automobile en direction, claiming it used to be operating overdue and used to be two hours clear of the vacation spot. A chargesheet used to be filed in December 2017, following which Rao approached the Kalaburagi bench of HC.
Quashing the FIR, Justice S N Sathyanarayana stated: “As long as the landlord establishes the sand loaded is pursuant to the allow, police have no business to say the automobile which used to be found two hours thereafter at some position (between the loading spot and vacation spot) is past the period of allow. It is improper and past their scope and competence to interpret the allow in this type of means.”
Reacting to the courtroom’s observations, a sand transporter mentioned on condition on anonymity: "The directive will help scale back harassment via police and district officials. They interpret laws in line with their whims and fancies and clutch the vans. We either need to endure losses or bribe the police officers.”
The directive comes within the backdrop of a petition filed via 40-year-old Bhimashen Rao, a sand transporter and resident of Vijayapura district, in opposition to the state govt. Rao had appealed for quashing of a chargesheet filed in opposition to him via Devalaganagapur police, who had seized his truck (KA-28 C-0687) in 2015 on charges of having violated the allow laws as prescribed via the Mine and Minerals (Development and Regulation) Act, 1957 and Karnataka Minor Minerals Concession Rules, 1994.
According to the allow issued via the public works division, the truck used to be supposed to load sand on August 24, 2015 between 10.36am and 6pm from Teggehallistockyard and used to be to be taken to Kalaburagi. Sand used to be loaded directly to the truck during the stipulated time. But police officers stopped the automobile en direction, claiming it used to be operating overdue and used to be two hours clear of the vacation spot. A chargesheet used to be filed in December 2017, following which Rao approached the Kalaburagi bench of HC.
Quashing the FIR, Justice S N Sathyanarayana stated: “As long as the landlord establishes the sand loaded is pursuant to the allow, police have no business to say the automobile which used to be found two hours thereafter at some position (between the loading spot and vacation spot) is past the period of allow. It is improper and past their scope and competence to interpret the allow in this type of means.”
Reacting to the courtroom’s observations, a sand transporter mentioned on condition on anonymity: "The directive will help scale back harassment via police and district officials. They interpret laws in line with their whims and fancies and clutch the vans. We either need to endure losses or bribe the police officers.”
Permit rules: Respite for sand transporters as HC quashes FIR
![Permit rules: Respite for sand transporters as HC quashes FIR]()
Reviewed by Kailash
on
April 01, 2018
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