IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT : KUTCHH

CRIMINAL MISC. APPLICATION NO. OF 2021

(U/s. 482 of the Code of Criminal Procedure, 1973)

(1) Prakashbhai Kantilal Gor,

Male, Aged 51 years,
Residing at Plot No.23, Sidharth Park,
Behind old Raval Vadi, Bhuj,
Dist – Kutchh.

(2) Sudhirkumar Nandanbhai Pathak

Male, Aged 50 years,
Residing at House No. 28, 29, 30/D,
Opposite Narnarayan nagar tri mandir,
Taluka – Bhuj, Dist – Kutchh.
……..Petitioners
(Orig. Accused no. 2 & 3)
Versus

1. The State of Gujarat

(Notice to be served through
The Ld. Public Prosecutor, Gujarat
High Court, Sola, Ahmedabad)

2. Hardiksinh Madhavsinh Gohil

PSI, Local Crime Branch Paschim, Kutchh-Bhuj
Male, Aged – adult,
Office at Local Crime Branch Paschim, Kutchh-Bhuj
Bhuj, Dist – Kutchh. ….Respondents
(No.2 original complainant)

TO
THE HON’BLE CHIEF JUSTICE AND
OTHER HON’BLE JUDGES OF HIGH
COURT OF GUJARAT AT AHMEDABAD.

THE HUMBLE PEITION OF THE

PETITIONERS ABOVE NAMED :-

1
MOST RESPECTFULLY SHEWETH THAT :-

1. In this petition, Code of Criminal Procedure, 1973 will

hereinafter be referred to as the Code. The above

named petitioners are as “accused no. 2 to 3” and (1)

Chetanbhai Navneetlal Shah, (2) Hemulbhai

Rameshbhai Shah, and (3) Pradyumnasinh Shivubha

Jadeja (4) Hitendrasinh @ Hembha Kanubha Jadeja

(5) Hardevsinh @ Kalubha Narpatsinh Jadeja (6) Arjun

Nando Sahu (7) Shankar Govind Yadav (8)

Sikandardas Motidas (9) Salim Sattar Kumbhar as

accused no. 1, 4 to 12 respectively. Hardiksinh

Madhavsinh Gohil as “the Complainant”. The offence

registered before Mandvi Police Station vide C.R.No.

11205031210161 of 2021 on 15.03.2021 as “the

Case”.

2. The Complainant has lodged the FIR against the

present petitioners before Mandvi Police Station vide

C.R.No. 11205031210161 of 2021 for the offences

punishable u/ss. 379, 420, 465, 468, 471, 474, &

120(B) IPC and u/ss. 4(1), 4(1)(A), 21(1) The Mines

and Minerals Act, 1957 and U/ss. 3, 21, 22(a) Gujarat

Minerals Rules 2005, 2016, 2017 on 15.03.2021. The

copy of the said FIR is hereby annexed to and marked

as Annexure-A to this petition.

2
3. The brief facts of the prosecution case are as under:-

It is alleged in the complaint that on 25.11.2020

the in charge police inspector S.J.Rana of Local Crime

Branch Paschim Kutchh alongwith his staff was on

patrolling near Mandvi-Bhuj Highway at 23:00 hours.

At that time in charge PI S.J.Rana received

information from informant that near sim of village

punadi where mines namely Manico Minerals

International Pvt Ltd and other mines in which illegal

mining work carried out at night and these minerals

has been loaded and the said minerals is transported

to Ashapura Company at village Baraya, Taluka -

Mundra. So he alongwith two panchas went to the

mines area and found three trucks and asked about

the goods loaded in the truck. So they told that

minerals are loaded in the truck from Manico Minerals

mines, punadi village. So the royalty were been asked

from them and they have produced the royalty of

village Hamla, Taluka Mandvi. So they have been

taken to the place where the minerals were loaded

and inform the geologist and officer of the Mines and

Minerals Department and the said goods were seized

by the officer of the Mines and Minerals Department.

Thereafter in the subsequent inquiry it is found that

Pradyumnasinh Jadeja proprietor of AI Aashapua

Logistics Transport has issued the royalty as he was

3
 given contract for loading minarets from one place to

another place by Manico Minerals International Pvt

Ltd. And the information was sought from geologist

about the Manico Minerals International Pvt Ltd and

found that Chetanbhai Navneetlal Shah is the director

of this company and Prakashbhai Gor is the Vice

president of this company and also power of attorney

holder of the company and further also information

about the Ashapura Minecam Ltd at village Hamla,

were also asked from the office of geologist and there

also it is found that the owner of both the companies

and director is Chetanbhai Navneetlal Shah of Mumbai

and subsequently other information was also sought

and the name of the other officers of the company

came out. It is also come to know that transportation

of work order was given to Pradyumnasinh shivubha

Jadeja proprietor of AI Ashapura Logistics Transport

and in all the police has seized 115.92 MT of minerals

worth Rs. 86, 940/- and local storage of 1819.67 MT

of minerals worth Rs. 13,64,752/- and therefore the

present complaint has been filed by respondent no. 2.

4. The petitioners submit that since the FIR is lodged and

Chargesheet is filed against them, and therefore the

petitioners are presenting this petition u/s 482 of the

code.

4
5. The petitioners submit that the FIR is registered on

15.03.2021 and the investigation is over and charge

sheet is filed on 29.06.2021.

6. The petitioners submit that they have preferred

Anticipatory Bail applications vide CRMA 255 of 2021

before the Hon’ble Court of Sessions, Bhuj-Kutchh and

they are enlarged on Anticipatory bail.

7. The petitioners, therefore, prefer this petition u/s. 482

of the Code, before this Hon’ble Court on following

amongst other grounds:-

GROUNDS

(a) The petitioners submit that they are innocent and

have not committed any offence as alleged by the

prosecution.

(b) The petitioners submit that looking to the FIR and

Chargesheet papers, the allegations made therein, no

prima facie offence has been made out against them.

(c) The petitioners submit that looking to the FIR, more

particularly column no.3, the complainant himself has

stated that the offence is alleged to have been

committed on 25.11.2020. Whereas, the FIR is

registered on 15.03.2021 i.e. after inordinate delay of

about 4 months without giving any explanation for the

said delay. The impugned FIR and Chargesheet

5
 therefore amounts to sheer abuse of process of law

and requires to be quashed.

(d) The petitioners submit that the complainant -

respondent no.2 has no power to lodge any complaint

under the provisions of Mines and Minerals Act, 1957

as there is embargo of section 22 of the Act pertaining

to the cognizance of the offence which read as under:-

“S-22 – No Court shall take cognizance of any

offence punishable under this Act or any rules

made there under except upon complaint in

writing made by a person authorized in this

behalf by the central Govt or the state Govt. ”

In light of this provision, the Court is empowered to

take cognizance only upon the complaint in writing

and not upon police complaint or police report.

(e) The petitioner no.1 submits that he being a Vice-

President of Manico Minerals International Pvt Ltd and

Chetanbhai Navneetlal Shah director of the said

company has applied for the quarry lease on

28.07.2008 for survey no. 420/23 to the office of

Collector, Mines and Minerals Department, Bhuj-

Kutchh and after completion of formalities the said

application is accepted and quarry lease was granted

to mining the minerals from the aforesaid land for a

6
 period of ten years on 06.05.2015. The copy of the

said order is hereby annexed to and marked as

Annexure-B to this petition.

(f) The petitioners submit that after completion of mining

work the Manico Minerals International Pvt Ltd has by

way of letter dated 31.08.2019 submitted that the

lease mining closure plan and challan of Rs. 5000/-

dated 25.07.2019 to Geologist, Geology and Minerals

department, bhuj-Kutchh and prayed to accept the

final mine closure plan and therefore it is submitted

that there was no mining work was carried out in

aforesaid mine. The copy of the said letter to the

Geologist dated 31.08.2019 is hereby annexed to and

marked as Annexure-C to this petition.

(g) The petitioners submit that since mining work was

over and the closure plan was submitted qua the said

mines and as the land is required to be levelled

keeping in view of environment and norms prescribe

by the Geological department and for that the contract

of dumping the said mines (site) the work order was

given to one Pradyumnasinh Shivubha Jadeja

proprietor of AI Ashpura logistics transport.

(h) The petitioners submit that it is a case of complainant

that on 25.11.2020 upon information received by the

7
 in charge police inspector S. J. Rana of local crime

branch paschim Kutchh has intercepted three trucks

carrying minerals and has informed the officers of the

Geological department and the said vehicles carrying

minerals were seized and Janvajog entry no. 31 of

2020 was registered on 26.11.2020 therefore

petitioners submit that in spite of the officers of the

Geological department were present, no complaint

was filed by them and the present officer of crime

branch has no power to lodge even the Janvajog entry

in view of bar u/s. 22 of Mines and Minerals Act, 1957.

(i) The petitioners submit that though the police authority

is not having powers to investigate the present

offence has made further inquiry and on 17.12.2020

wrote a letter to the manager of Manico Minerals

International Pvt Ltd to provide the information about

the said Janvajog entry 31/2020 dated 26.11.2020.

The copy of the said letter dated 17.12.2020 is hereby

annexed to and marked as Annexure-D to this

petition.

(j) The petitioners submits that pursuant to the letter

issued by police authority dated 17.12.2020, the

manager of Manico Minerals International Pvt Ltd has

provided the information and has interms stated that

the mining work is closed since one and half year and

8
 as the mining work is already completed and therefore

no supervisor has been appointed and the mines

closure plan is already submitted to the geological

department and dumping work of same site has been

already handed over to one Pradyumnasinh Jadeja

with the permission of GPCB and therefore any illegal

activity if any has been carried out by Pradyumnasinh

Jadeja for that the petitioners are not liable and

Pradyumnasinh Jadeja has already accepted his

liability before the petitioners and the said information

is reflected in the present letter. The copy of said

letter dated 18.12.2020 is hereby annexed to and

marked as Annexure-E to this petition.

(k) The petitioners submit that since the information

which is asked for by the local crime branch and the

petitioners have already furnished the information to

the local crime branch and the said information has

been forwarded to the office of geological department,

Bhuj-Kutchh by the police authority. Pursuant to the

said information received by the Geological

department, the department has also issued show

cause notice to Manico Minerals International Pvt Ltd

to the effect that whether any royalty pass has been

issued and has been misused by the Shri Ashapura

Mine Cam Ltd and three trucks of minerals were found

9
 and for that the penalty of Rs. 12,24,944/- to be paid.

The copy of the said show cause notice dated

15.02.2021 is hereby annexed to and marked as

Annexure-F to this petition.

(l) The petitioners submit that pursuant to the said show

cause notice dated 15.02.2021, the Manico Minerals

International Pvt Ltd has filed their reply on

08.03.2021 to the Geologist, Minerals Department,

Bhuj-Kutchh where in the petitioner’s company has

stated that since the Pradyumnasinh Jadeja proprietor

of AI Ashpura Logistics has accepted the liabilities and

has also filed an affidavit accepting the liabilities on

05.03.2021 and therefore the Geological Department

may recover the said penalty from Pradyumnasinh

Jadeja. The copy of the reply dated 08.03.2021

alongwith the copy of the said affidavit dated

05.03.2021 are hereby annexed to and marked as

Annexure-G (collectively).

(m) The petitioner submits that the Geological department

has accepted the explanation dated 08.03.2021 given

by the Manico Minerals International Pvt Ltd and

therefore the Geological dept has issued show cause

notice to the Prdyumnasinh Jadeja proprietor of AI

Ashpura Logistics on 09.03.2021 to the effect that

since you have accepted illegal activity of mining and

10
 whether you are ready to pay the penalty of Rs.

15,85,296/-. And if you will not respond to this show

cause notice then Ex Partie decision will be taken. The

copy of the said show cause notice dated 09.03.2021

is hereby annexed to and marked as Annexure-H to

this petition.

(n) The petitioner submits that pursuant to the said show

cause notice dated 09.03.2021 to Prdyumnasinh

Jadeja proprietor of AI Ashapura Logistics and the said

penalty amount has been already paid to the

Geological Dept on 10.03.2021 by way of challan no.

436 in the State Bank of India and thereby he has

already compounded the offence. The copy of the

letter dated 10.03.2021 alongwith challan is hereby

annexed to and marked as Annexure-I

(Collectively) to this petition.

(o) The petitioners submit that since the offence is

already compounded and looking to the Rule-22 of

Gujarat Minerals (Prevention of Illegal Mining,

Transportation and Storage) Rules, 2017 once the

offence is compounded by the authorized officer on

payment of such amount then no further proceedings

shall be commenced against such persons and in spite

of that the respondent no.2 has no power to lodge any

complaint for any kind of investigation to be carried

11
 out or filing of Chargesheet against any of the

petitioners for the offence punishable under the

provisions of Mines and Minerals Act, 1957 and

Gujarat Minerals (Prevention of Illegal Mining,

Transportation and Storage) Rules, 2017 and for kind

perusal of rule-22 of Gujarat Minerals (Prevention of

Illegal Mining, Transportation and Storage) Rules,

2017 is reiterated herein.

“Rule-22 Any offence punishable under these

rules, may either before or after the institution
of the prosecution be compounded by the
Athorized Officer on payment of an computed in
the manner specified in Schedule III. When an
offence is compounded;
(a) no further proceedings shall be commenced
against such person;
(b) if any proceedings have already been
commenced against such person such
proceedings shall not be further proceeded with;
and
(c) the accused person, if in custody shall be
dishcarged and the property seized shall, if it is
not be so retained, be released.”

(p) The petitioners submits that if the FIR is to be perused

wherein the complainant has stated in the last para

that since the Geology Department has not taken any

action after 26.11.2020 till date and therefore the

present complaint is filed, but with great respect all

action has been taken by the Geology Dept and

petitioners has already complied and satisfied the

Dept and since now offence is already being

12
 compounded by the Authorized office of the Geology

Dept and looking to the above mentioned Rule-22 of

Gujarat Minerals (Prevention of Illegal Mining,

Transportation and Storage) Rules, 2017 no person

can be prosecuted and the present respondent no.2

for his personal vengeances has without verifying the

facts of the present case has filed Chargesheet against

the petitioners before the Ld JMFC, Mandvi, Bhuj-

Kutchh and therefore the proceedings of Criminal case

No. 1586 of 2021 pending before the Ld JMFC,

Mandvi, Bhuj-Kutchh is deserves to be quashed and

set-aside.

(q) The petitioners submit that the respondent no.2

complainant is already within the knowledge that the

staff member or any director of the Manico Minerals

International Pvt Ltd is not involved in any kind of

illegal activity of mining and in spite of that he has

falsely involved the individuals persons of the

company with a view to bring the offence within the

purview of IPC and has not made the company as an

offender.

(r) The petitioners submits that the Manico Minerals

International Pvt Ltd has also paid worth Rs.

13,10,162/- for compounding the offence and amount

of Rs. 2,75,134/- for compensation of Environment

13
 loss to the geological Dept as per their demand on

08.06.2021 and therefore when the offence is already

compounded then no other prosecution can be

continue against them which is nothing but abuse of

process of law. The copy of the said letter dated

08.06.2021 with challan dated 04.06.2021 and

07.06.2021 are hereby annexed to and marked as

Annexure-J (Collectively) to this petition.

(s) The petitioners submits that since the accused no.6

Pradyumnasinh Jadeja who is proprietor of AI Ashpura

Logistics has already accepted his liabilities and has

also accepted that the royalty pass has been misused

by his employees and therefore no offence u/ss. 465,

468, 471, 474 IPC is made out and no forgery has

been committed by the petitioners and therefore the

present complaint deserves to be quashed.

(t) The petitioners submit that there is no evidence about

any theft of the property has been committed by the

present petitioner and therefore no offence is made

out u/s. 379 IPC.

(u) The petitioners submit that there is no evidence of

meetings of minds amongst the petitioners with any

other co-accused and therefore no offence is made out

u/s. 120(B) IPC.

14
(v) The petitioners submit that looking to the complaint,

no ingredients of any offence of IPC or of The Mines

and Minerals Act, 1957 and the rules made there

under are made out.

(w) The petitioners submit that even if the allegations

made in the FIR are taken at its face value and

accepted in their entirety, then also, prima facie they

do not constitute any offence or make out a case

against the petitioners.

(x) The petitioners submit that the allegations against the

petitioners are absolutely malafides, vexatious and

amounts to abuse of process of law, with the sole

purpose of harassing the present petitioners and

therefore as per ratio laid down by the Hon’ble

Supreme Court in the case of State of Haryana vs

Bhajan Lal and others reported in AIR 1992 SC 604,

the FIR and the subsequent proceedings qua present

petitioners are required to be quashed by this Hon’ble

Court.

(y) The petitioners submit that the allegations made in

the FIR are so absurd and inherently improbable, on

the basis of which, no prudent person can ever reach

to a conclusion that there is sufficient ground for

proceedings against the petitioners. Therefore also,

the FIR is required to be quashed.

15
(z) The petitioners submit that even otherwise, the FIR is

filed manifestly attended with malafide and is

maliciously instituted with ulterior motives and

therefore, the FIR is required to be quashed.

(aa) The present petitioners submit that looking to the

contents of FIR and Chargesheet papers and other

documentary evidence, the allegations leveled against

the present petitioners are not sufficient to warrant

conviction and if chances of conviction are bleak then

continuation of criminal proceedings against the

present petitioners is nothing but an abuse of process

of law.

(bb) The petitioner no.1 submits that he was being vice

president and petitioner no.2 was serving as

supervisor and the Manico Minerals International Pvt

Ltd has already submitted the final Mine Closure Plan

on 31.08.2019 to the Geological Dept and therefore

the present petitioners have no role to play in the

company and therefore submits that they have not

committed any offence as alleged by the prosecution.

(cc) The petitioners submit that even looking to the whole

Chargesheet papers there is not an iota of evidence to

connect present petitioners with the aforesaid offences

and therefore continuing of such proceedings is

16
 nothing but an abuse of process of law. And therefore

they humbly pray that this Hon’ble Court may be

pleased to quash and set-aside FIR, Chargesheet any

other proceedings arising out of the said offence.

8. The petitioners have no other alternative efficacious

remedy but to approach this Hon’ble Court by way of

this petition.

9. The petitioners crave leave to add, amend, alter or

rescind the memo of petition, as and when found

necessary.

10. The petitioners submit that except this petition, no

other petition has been presented to this Hon’ble

Court or any other Court of Law in India including the

Hon’ble Supreme Court of India u/s. 482 of the Code.

11. The petitioners, therefore, pray that this Hon’ble Court

be pleased to:-

(A) Admit this petition;

(B) Quash and set-aside the proceedings of Criminal

Case No. 1586 of 2021 pending before the Ld

JMFC Mandvi, Bhuj-Kutchh arising out of the FIR

vide C.R.No. 11205031210161 of 2021

registered before Mandvi Police Station, District-

Kutch dated 15.03.2021;

17
 (C) Pending the hearing and final disposal of this

petition, be pleased to stay the proceedings of

Criminal Case No. 1586 of 2021 pending before

the Ld JMFC Mandvi, Bhuj-Kutchh arising out of

the FIR vide C.R.No. 11205031210161 of 2021

registered before Mandvi Police Station, District-

Kutch dated 15.03.2021

(D) Pass such orders as thought fit in the interest of

justice;

AND FOR THIS ACT OF KINDNESS, THE PETITIONER, AS IN

DUTY BOUND, SHALL FOR EVER PRAY.

AHMEDABAD. JAYESH A. DAVE

DATE : / /2021 ADVOCATE FOR THE PETITIONERS

AFFIDAVIT

I, Prakashbhai S/o Kantilal Gor Aged 51 years, residing at

Plot No.2, Siddharth Park, B/H old Raval vadi, Bhuj,

District-Kutchh, the petitioner no.2 herein do hereby

solemnly affirm and state that on oath as under :

I am the petitioner no.2 in this petition and therefore I

am conversant with the facts and circumstances of this case

which gave rise to this petition. Contents of this petition

memo have been read over and explained to me in

18
Gujarati. Its para 1 to 6 & 8 & 10 are statement of facts

which are true to my knowledge. Its para 7 contains legal

submission and its last para contains prayer clause.

Solemnly affirmed on this ____ day of_________,

2021 at _________________.

________
Prakashbhai S/o Kantilal Gor
Deponent

_____
Identified by me
Advocate

19
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT : KUTCHH

CRIMINAL MISC. APPLICATION NO. OF 2021

(U/s. 482 of the Code of Criminal Procedure, 1973)

Prakashbhai Kantilal Gor & Another …Petitioners

(ori. Accused no. 2 to 3)
Versus

The State of Gujarat & Another …Respondents

(No.2 original complainant)

INDEX

------------------------------------------------------------------
ANNEXURES PARTICULARS PAGE
NO.

-- Memo of petition. 1 to

‘A’ The copy of F.I.R. being C.R.No.

11205031210161 of 2021
registered with Mandvi Police
Station dated 15.03.2021.

‘B’ The copy of the order of quarry

lease granted by Minerals Dept
dated 06.05.2015.

‘C’ The copy of the letter dated

31.08.2019 addressed to the
Geology Dept for final mine
closure plan.

‘D’ The copy of the letter from office

of LCB, Mandvi dated 17.12.2020
to The Manager Manico Minerals
International Pvt Ltd.

‘E’ The copy of the letter/reply

dated 18.12.2020 from Manico
Minerals International Pvt Ltd to
LCB, Mandvi.

‘F’ The copy of the show cause

notice dated 15.02.2021 issued
by the Geology Dept to Manico
Minerals International Pvt Ltd.

20
 ‘G’ The copy of the reply dated
(Colly) 08.03.2021 filed by Manico
Minerals International Pvt Ltd
alongwith the copy of the
affidavit dated 05.03.2021 of
Pradyumnasinh Jadeja to
Geology Dept.

‘H’ The copy of the show cause

notice dated 09.03.2021issued
by the Geology Dept to
Pradyumnasinh Shivubha Jadeja
(accused no.6).

‘I’ The copy of the letter dated

(Colly) 10.03.2021 issued by the
Pradyumnasinh Jadeja to
Geology Dept alongwith the copy
of the penalty paid by way of
Challan no. 436.

‘J’ The copy of the letter dated

(Colly) 08.06.2021 with challan dated
04.06.2021 and 07.06.2021.

------------------------------------------------------------------
(charge sheet is filed on 29.06.2021 )

21
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT : KUTCHH

CRIMINAL MISC. APPLICATION NO. OF 2021

(U/s. 482 of the Code of Criminal Procedure, 1973)

Prakashbhai Kantilal Gor & Another …Petitioners

(ori. Accused no. 2 to 3)
Versus

The State of Gujarat & Another …Respondents

(No.2 original complainant)

LIST OF EVENTS

28.07.2008 : The petitioner no.1 is a director of Manico

Minerals International Pvt Ltd has applied

for quarry lease at suvey no. 420/23

village punadi for the purpose of mining of

minerals to the Geology Dept, Bhuj-

Kutchh.

06.05.2015 : The Geology dept has granted quarry

lease for the period of 10 years for survey

no. 420/23 of village punadi.

31.08.2019 : Manico Minerals International Pvt Ltd has

submitted final closure plan of mining in

survey no. 420/23 of village punadi.

----- : The Manico Minerals International Pvt Ltd

has issued work order to Pradyumnasinh

Jadeja (accused no.6) for dumping the

mining site as per the rules of Geology

Dept.

22
25.11.2020 : The Incharge Police Inspector S.J.Rana of

LCB, Paschim Kutchh was on patrolling

and upon information that some illegal

mining activity is going on at Manico

Minerals International Pvt Ltd and nearby

area at punadi village and therefore he

alongwith panchas and other staff

members gone to village punadi and on

the way he intercepted three trucks and

found the minerals(stones) were loaded in

the truck and therefore he informed the

officers of the Geology Dept and the

officers of the Geology Dept has seized the

Muddamal.

26.11.2020 : The Janvajog entry has been registered by

S.J.Rana with Mandvi Police Station.

17.12.2020 : The present complainant has asked the

information regarding the Janvajog entry

no.31/2020 for the incident dated

26.11.2020 from the Manager about the

staff members and relevant documents

pertaining to mining lease of Manico

Minerals International Pvt Ltd.

18.12.2020 : The Manager of Manico Minerals

International Pvt Ltd has provided all the

information alongwith the documents

23
 sought by the respondent no.2 and

respondent no.2 has forwarded the same

to the Geology Dept.

15.02.2021 : The Geology dept has issued show cause

notice to Manico Minerals International Pvt

Ltd.

05.03.2021 : Pursuant to the show cause notice the

Manico Minerals International Pvt Ltd upon

inquiry found that some foul has been

committed by the employees of the

Pradyumnasinh Jadeja Proprietor of AI

Ashapura Logistics to whom the dumping

work order was given and Pradyumnasinh

has accepted all the liabilities about the

incident dated 25.11.2020 and has also

filed an affidavit.

08.03.2021 : The Manico Minerals International Pvt Ltd

has answered to the show cause notice

that the Pradyumnasinh Jadeja has

already confessed and also filed an

affidavit accepting his liabilities and

therefore requested to take necessary

action of penalties may be taken against

Pardyumnasinh Jadeja.

09.03.2021 : The Geology Dept has issued show cause

notice to Pradyumnsinh Jadeja and asked

24
 him to pay the penalties mentioned in the

said show cause notice.

10.03.2021 : Pradyumnasinh Jadeja has paid the said

penalties referred to in show cause notice

dated 09.03.2021 and compounded the

offence.

08.06.2021 : The petitioner submits that the pursuant

to the show cause notice given by the

Geological Dept, the manico Mineral

International Pvt Ltd has paid the amount

of Rs. 2,75,134 by way of challan dated

04.06.2021 and amount of Rs. 13,10,162

by way of challan dated 07.06.2021. And

thereby the company has. already

compounded the offence

29.06.2021 : Though the offences is already

compounded and respondent no.2 has no

power to lodge the complaint or filing of

Chargesheet for the same offence, in-spite

of the same respondent no. 2 has filed the

Chargesheet before the Ld. JMFC, Mandvi,

Bhuj-Kutchh

: Hence, this petition.

(charge sheet is filed on 29.06.2021 )

25