1 Criapln4933/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4933 OF 2011 Mansukh Bapurao Sawant and Anr. Applicants V E R S U S The State of Maharashtra Respondent WITH CRIMINAL APPLICATION NO. 4925 OF 2011 Sanjay Balasaheb Pacharne Applicant V E R S U S The State of Maharashtra Respondent Shri Ajit M. Gholap, Advocate for the applicant Shri B.V. Wagh, APP for the respondent / State CORAM : R.Y. GANOO, J. DATED : 28th November, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. The applicants covered by the aforesaid applications apprehend arrest in connection with CR No. I – 134 of 2011, under Section 379 read with Section 34 of the Indian Penal Code and under Section 3 / 15 of the Environment Act. 3. The F.I.R. is filed on 13th October, 2011. Reading of the F.I.R. indicates that a large number of persons were extracting sand at the site 2 Criapln4933/2011 namely Hingni Dumala Shivar on the bank of Ghodnadi. According to the prosecution, said exploiting of the sand is without permission of the competent authorities. The applicant Mansukh is the owner of J.C.B., applicant Sambhaji is the owner of the tractor and applicant Sanjay is the owner of the truck. The F.I.R. indicates involvement of all the aforesaid three vehicles in the matter of exploitation of the sand. It could not be disputed by the applicants that they are not the owners of the respective vehicles. It is true that none of the applicants were found at the site when the raid was conducted and it is found that the three vehicles were being used. 3. According to the learned Advocate for the applicants, merely because the vehicles are found at the site, the applicants cannot be held responsible and that the applicants can be released on bail. This submission was opposed by the learned A.P.P. by contending that very fact that the vehicles owned by the applicants are involved, it goes to show that the applicants had connection with the exploitation of the sand particularly when no complaint is made by any of the applicants to the concerned police authorities about their vehicle are taken away out of their control much against their wishes. In my view, the fact that the vehicles of the applicants were used in the matter of exploitation of the sand, each of the applicant has 3 Criapln4933/2011 some role to play in the matter of exploitation of the sand, may be that they were not present at the site when the police raided the said place. The exploitation of the sand without the permission of the competent authority is very serious offence and the instances of such offences are taking place very commonly. In my view, it would be proper, if these anticipatory bail applications are rejected, the police will be able to interrogate the present applicants in a proper atmosphere and fathom from them detailed information about their involvement in the exploitation of the sand. This interrogation shall reveal the ramification and persons for whose benefit the sand was sought to be exploited. For the above reasons, both the applications stand rejected. ( R.Y. GANOO, J. ) SRM/criapln/4933,4925/11/28/11/11