The High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in proceedings Crime No.47 of 2025 of P.S. Nagarkurnool, Nagarkurnool District for the offence U/Sec.303 (2) R/w. 3 (5) of BNS, 21 (1) tvlMDARA, 3 PDPPA on 13.02.2025 and quash the same. l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the Respondent No.1 to release the vehicle Mahendra Tractor bearing Engine No.TS-31 7647 and Trolly No. AP21 A9174 in Crime No.47 of 2025 of P.S. Nagarkurnool, Nagarkurnool District for the offence U/Sec.303 (2) R/w.3 (5) of BNS,21 (1) NIN/DARA,3 PDPPA on 1302.2O25 pending disposal of criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M.RAMESHWAR RAO, Advocate for the Petitioner and Sri E.GANESH, the Assistant Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2. The Court made the following: ORDER THE HON'BLE SRT JUSTICE E'V'VENUGOP'TL CRIMINAL PETITION No.31 010F 202 E ! !l oRDER: This Criminat Petition is filed seeking to quash tle proceedings ln Crime No.47 of 202'.5 on the file of P'S Nagarkurrr''oi' Nagrkurnool District for the offen<:es under Section 303 (2) r/r'r'3 ([i of BNS' 21(1) of MMDARA, 3 PDPPA registered on l3'O2'2O25' 2. Brief facts of ttLe case are that FIR was registerecl vide trlR No 47 of 2025onl3.o2.2o2lfortheoffencesunderSection3]](2)r/u,3(5)of BNS, 2i(1) of MMD.ARA,3 PDPPA on the basis of tkt complarnt being frled by R.Krishna, PC 80i of P'S'Nagarkurnool whereir he stated that on 13.O2.2O25, he along with one E'Bhanu Prakash Redc1" PC 9814' while performing patroiling in Nagarku'rnool Town on dial 10 ) duty' they found Mahindra Tractor bearing No TS 317647 and Tro.l:r' No AP 1A9 174 transporting sald rear Government Hospital Chowras; ha Upon enquiry' the driver of the trurctor revealed his name as Kavali tama Krishna and that he has no permission document for transportinp sand arrd that on the d.irections of one Bandi Chennaiah' he was tral sporting the sand illegally, without any permission from Thud - kurthy Vagu to w 2 Nagarkurnool. Based on the said complaint, he requested to take action against the driver of the offending vehicle, in accordance with Iaw.

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.O2.2015 issued by the Government of Telangana. For the sake of convenience, Rule 13 of the said G.O, reads as follou,s: " 1 2. For the Rule 1 3, under the heading "Offences", the foLlouing shall be substituted "Ang uehicle found transporting sand uithout ualid transit pass issued by the Asst. Director of Mines & Geology concerned to Telangana State Mineral Deuelopment Corporation OR transit form issued to the pattadar for de-casting sand from patta land uill be deemed iLlegal and in contrauention of these rules". The definition of transit form and transit pass is as descibed belouL: Sl.I[o. TApe Purpose Rule Documentary Euidence 1 Transit Source to destinatton in respect casting in pattaland Form-53 (Rute 7(4) o/ TSSMR, 201s) (1)Any uehicle trarusporting sand along uith transit poss issued bg the Asst.DirectoT 'tf Mines & Geology concented to Telangana State Mineral Deuelopment Corporation OR transit form issued to the pattadar, if found, carrying sand in excess of the quantitg pennitted bg the Transport Dept., such excess quantitg shall be imposed a fine @Rs.2OOO/- Per MT. _j 3 (2) Ang uehicle/ mttt.'htnery, if found inuolued .in illett"t extraclion and transportation of .;ani in'cintrauenlion of these rui s sholl be leuied i."rr't i f., sucLl each uehicle/ macltinery as detaile'tl belott't: Vehicle TgPe First time (In Rs. 5,000/ Tractor Lorrg uPto 1O tons 25,000/ - Lorry aboue 10 50,000/' Machinery s0,0oo/ - Second tlme (In Rs) 1s,000/' 50,0Oo/ - 1,00,000/ - 1,O0,000/ - 4 Learned counsel further submits that since the 1t.:ritioner falls in the first category, he had paid an amount of Rs 5'O5O/- towarrls penalty to the credit of Department of Mines & Geolory, Government of -l elangana' Upon sr.ch payment, the Assrslant Director of Mines and GeolopJ ' Department of Mines clated la'O2'2025 and Geologv vide its letter No.9/Penalty/NGKLl addressed to the Station House Officer' P'S'Nag: rkurnool' Nagarkurnool District, stated that the petitioner Bandi Chennaiah ' paid penalty amount of sar cl , vide bank reference Rs.5,050/ for unauthorized transportation of re 1r-erse the vehicle as Per No.11365422 4457 I l8'O2'2O25 and requested to Telangana State Sand Mining Rules' 2015' "z)16' 4 Learned counsel further submits that nothing wouid subsist AS against the petitioner to continue the proceedings against him and his tractor which has been conhscated, has to be returned to him upon penalty amount being accepted by the Department of Mines and Geolory, Nagarkurnool District 5 Opposing the contention of the learned counsel for the petitioner, learned Assistant Public Prosecutor u,ould submit that the petitioner has sought similar relief by filing r.r.rit petition No.5746 of 2O25, wherein the writ petition has been disposed off, directing the petitioner therein to approach the competent authority seeking release of the tractor. However, by suppressing the said fact, petitioner approached this Court and liled the present criminal petition and sought for dismissal of the same. 6 Having heard learned counsel for the petitioner, learned Assistant Public Prosecutor and on examination of the material placed before this Court, this Court is of the considered view that since the petitioner had paid the requisite penalty ainount of Rs.5,O50/- as per I G.dMs.Noli5, dated lg.O2.2015to the sarisfaction of the Department I of Mines and Geolory and that a letter dated 18.02.2025 has been addressed by the Assistant Director of Mines and Geologr, Nagarkurnool to the Station House Officer, P.S.Nagarkurnool, I I 5 Nagarkurnool District to take further steps for relezL;ing of the tractor as per TelanganeL State SaId Mining Rr-rles, 2O lli the proceedings against the petitic,ner are iiable to be quashed.

7.Accordingl1',theproceedingsinCrimeNo'47tt2025onthefile of P. S. Nagarkurnool, Nagarkurnool District are herebv quashed against the petitioner. The concerned authority is < irected to release the tractor bearing No.TS 317647 & Trolley No.AP 1l I Agl74, upon an application being filed by the petitioner, unless it s involved in any other case.

8. In the re sult, the Criminal Petition is alio ved. As a sequel, miscellaneous petitions, if any, pending, shal1 stancl closed' I \ To 1

2. 3 4 //TRUE COPY// SD/. A. JAYASREE $rsraur REGISTRAR ' sEcrtoN oFFlcER Judicial First Class Magistrate at Nagarkurnool ^. .' The Station l-{ouse ofricer' i]'g;ti'i;"r Police Statior Nagarkurnool ""il';'" to sRl tttl RAMESHWAR RAo Advocate t9PlJ ll Two CCs to public erosecu'# Eortt to|. tf,"'State of Telangana. [OUT] District. 'Higi.l . Two CD CoPies BGS/gh HIGH COURT DATED: 0810712025 ./,,,-:..1 , I :r:::. L!. \.\ g7 rir 7fl25 \r. \ (.,.. \_.: -.,1 '.4 I ./ ORDER CRLP.No.3101 of 2025 ALLOWING THE CRIMINAL PETITION AthlN