other police persons. They received secret information that one red and
yellow colour tipper filled with sand is proceeding towards Ganpati
Chowk. They, therefore, remained present along with two panchas on
the said road. The tipper came at that spot around 10.00 p.m. They
asked the tipper driver to stop the vehicle. The driver stopped the
vehicle. Police asked him about his name and then it is stated that he
was one Shaikh Javed Shaikh Shamsher. They found the tipper was
filled with sand and he was not having licence. The sand as well as
tipper was seized and the said person was arrested. Thus, it can be seen
that the name of the present applicant is not appearing in the FIR.
Police have already seized the sand, therefore, there is no question of
physical custody for the purpose of recovery. It is stated that the
applicant is the owner of the tipper, which was engaged in excavation of
sand illegally. Even if for the sake of arguments it is accepted that he is
the owner, it is to be noted that the offence that is registered is only
under Section 379 of Indian Penal Code and no other Sections for illegal
excavation of sand have been invoked. Therefore, the physical custody
of the applicant is not required. The interim protection granted earlier
by this Court vide order dated 11.03.2022 deserves to be confirmed.
Hence, the following order :-
