BENGALURU:
Sand transporters, who often complain against police harassment, have a reason to cheer: The
Karnataka high court has said they can only be booked for not lifting sand within the stipulated time and not for delay in reaching the destination.
The directive comes in the backdrop of a petition filed by 40-year-old Bhimashen Rao, a sand transporter and resident of Vijayapura district, against the state government. Rao had appealed for quashing of a chargesheet filed against him by
Devalaganagapur police, who had seized his truck (KA-28 C-0687) in 2015 on charges of having violated the
permit rules as prescribed by the Mine and Minerals (Development and Regulation) Act, 1957 and Karnataka Minor Minerals Concession Rules, 1994.
According to the permit issued by the public works department, the truck was supposed to load sand on August 24, 2015 between 10.36am and 6pm from Teggehallistockyard and was to be taken to Kalaburagi. Sand was loaded on to the truck during the stipulated time. But cops stopped the vehicle en route, claiming it was running late and was two hours away from the destination. A chargesheet was 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 owner establishes the sand loaded is pursuant to the permit, police have no business to say the vehicle which was found two hours thereafter at some place (between the loading spot and destination) is beyond the period of permit. It is improper and beyond their scope and competence to interpret the permit in such a manner.”
Reacting to the court’s observations, a sand transporter said on condition on anonymity: "The directive will help reduce harassment by police and district officials. They interpret rules according to their whims and fancies and seize the trucks. We either have to suffer losses or bribe the cops.”
