Raj Veer v. State of U.P.
Case brief
What is this about?
The High Court rejected an anticipatory bail application under sections 2/3 of the Minor Amendments Act, 1984 and IPC 379, 411, citing discrepancies in declared versus actual mineral quantities transported, raising apprehension of public revenue loss and illegal sourcing without supporting interstate transport forms.
What did the court decide?
Anticipatory bail application rejected due to discrepancies in declared quantity of minor minerals transported and lack of legal sourcing evidence.
What the court decided
A compact analysis
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55267 of 2019
Applicant :- Raj Veer Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri I.P. Srivastava, the learned A.G.A. for the State and perused the record.
The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No. 782 of 2019, under Section 2/3 Public Property & Damage Act, 1984 and Section 379, 411 IPC, police station Sadar Bazar, District Saharanpur.
The Court finds itself unable to countenance the prayer for grant of anticipatory bail in light of the following.
Although the driver of the truck is stated to have disclosed that he was carrying 40 Tonnes of minor minerals and disclosed the value thereof to be Rs. 4000/-, when the truck was stopped and weighed it was found to be loaded with 58240 Kgs of the minor mineral. No corresponding forms MM-11 or the like were also produced to the satisfaction of the respondents. From the allegations levelled, it is manifest that huge loss was sought to be caused to public revenue. This quite apart from the fact that even in the present application no material has been brought forth to establish that the quantity of minor mineral being transported had been validly and legally sourced.
Issues for consideration
1 issue framed by the court
Whether anticipatory bail should be granted given the alteration in the stated mineral quantity and lack of legal sourcing evidence.
Parties & counsel
- applicant
Raj Veer
Coram
Yashwant Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/55267/2019
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