The Bombay High Court has rejected the anticipatory bail of a man accused of sand mining in Dive creek.
Following a tip-off on December 29 last year, Tehsildar Mukesh Patil sent government officials to Dive creek where a group of 14 people was illegally mining sand using suction pumps. The officials sealed the machinery and apprehended the offenders, who claimed to be working at the behest of Wasim Khan, Kailas Patil and Onkar Patil.
Mr. Khan said that Mr. Kailas Patil and two others paid him ₹600 per brass to extract sand from the creek. An FIR was lodged against Mr. Patil under Section 379 (punishment for theft) and Section 439 (punishment for intentionally running vessel aground or ashore with intent to commit theft) of the Indian Penal Code, and relevant sections of the Maharashtra Land Revenue Code, Environmental Protection Act, Maharashtra Marine Board Act and Indian Vessels Act.
Rejecting anticipatory bail, a Single Bench of Justice A.S. Gadkari said, “It is to be noted here that the allegation against the accused is that they were indulging in illegal excavation of sand, i.e. government property. It is to be noted that for the purpose of investigation, the statement of the co-accused can be taken into consideration.”
The Bench said there was sufficient evidence to prove Mr. Kailas Patil’s complicity in the crime. Mr. Gadkari said, “After taking into consideration the serious allegations levelled against him and the gravity of the offence, this court is of the view that he does not deserve to be protected by pre-arrest bail.”
