Orissa High Court
Krupasindhu Singh vs State Of Odisha .... Opp. Party on 22 March, 2024
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.10960 of 2022
Krupasindhu Singh .... Petitioner
Mr. S.K. Dwivedi, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. D. Biswal, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 22.03.2024
07. 1. Heard the learned counsel for the Petitioner and the State.
2. By means of this application, the Petitioner seeks grant of bail U/s.438 Cr.P.C. in apprehension of arrest for his alleged involvement in the offences U/s.379/411 of IPC read with Section 68 of the OMMC Rules and Sections 41/42/43 of the Water (Prevention and Control of Pollution) Act and Sections 38/39 of the Air (Prevention and Control of Pollution) Act and Section 18 of the ODPTSIMRPSTT Rules in connection with Badasahi P.S. Case No.232 of 2022 corresponding to C.T. Case No.689 of 2022 pending in the court of the learned J.M.F.C., Betnoti.
3. It is submitted by the learned counsel for the Petitioner that the Petitioner was having lease for the sand bed and the same got expired on 31.03.2021. However, though the lease got extended till 31.03.2022, the Petitioner did not operate the same in any manner. It is further submitted that the Petitioner also informed the Page 1 of 2 // 2 // Tahasildar concerned time and again that he is not operating in the said sand bed in view of his old age and prayed for cancellation of the said agreement vide letter dated 8.4.2021, 24.11.2021 and 2.2.2022 and as such the allegation against him with respect to the extraction of the sand to the extent of 24000 cubic meters causing loss to the government to the tune of Rs.21 lakhs cannot be attributed to him. He further submitted that proceeding has been initiated under OPDR Act for recovery of the value of sand extracted during the period of lease had expired and as such the Petitioner is entitled to pre arrest bail.
4. Learned counsel for the State on the other hand vehemently opposed the bail application and contended that the Petitioner is well aware of the fact that the lease has been expired and having extracted the sand from the lease hold area clandestinely informing the authority. The report of the Tahasildar, Badasahi coupled with the FIR reveals that on the basis of a joint enquiry in the field it emerged that the Petitioner has extracted sand to the tune of 24000 cubic meters causing loss of Rs.12,35,84,844/-.
5. Having regard to the fact and circumstances as prima facie the Petitioner is found in illegal extractions of sand for the year 2021- 22, the committee constituted by the NGT has recommended for payment of a sum of Rs.11,89,77,404/- towards environmental compensation for ecological damage for illegal lifting of sand from the river bed. The extraction of sand being well within the knowledge of the Petitioner which involves not only an ecological dis-balance but great loss of public property deters this Court to entertain the application for bail of the Petitioner for pre arrest bail.
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6. The ABLAPL is accordingly rejected. The interim order dated 27th September, 2022 passed earlier stands vacated.
(Chittaranjan Dash) Judge KC Bisoi Signature Not Verified Digitally Signed Signed by: KRUSHNA CHANDRA BISOI Reason: Authentication Location: HIGH COURT OF ORISSA Date: 23-Mar-2024 13:20:09 Page 3 of 3