Illegal mining: Court exposed bid to trap owner of stone crusher, ask SHO to appear in person

Jammu: The illegal mining case which was surfaced under the jurisdiction of Domana police station few days ago has put the Jammu and Kashmir Police in tight spot as four days after attachment of Incharge Police Post Pouni SI Rohit Bhagat to District Police Line, Jammu for having verbal brawl with his senior over the case, Domana police’s bid to entangle the stone crusher owner under heinous crime has been exposed by the court.
The court’s observation has raised question mark against the faulty investigation being conducted by the Jammu and Kashmir Police. The court of additional session judge, Jammu today directed Station House Officer, Domana to appear in person with CD file of the case. The court issued order after police added another under section against the stone crusher owner which was not relevant to the case.
On 17 November 2020, Incharge Police Post Pouni Chack had entered the report in Daily Dairy of Police with the facts that during patrolling duty at village Ghaseetpur found that the stone crusher owned by one Varinder Gupta which was earlier seized by the authorities was under operation. The copy of the daily dairy report was later handed over to the Domana police for registration of the case. Accordingly, Domana police booked ten persons including owner of the stone crusher namely Varinder Gupta under section 420,120B,379,188,201,166A IPC vide FIR No 331/2020 for illegal mining.
Later, police added another section 467 IPC to the case. Police added the section on the grounds that the accused had agreement with Gaytri Project to operate his stone crusher running in the name and style of JK stone crusher. The introduction of the new section in the case brings disgrace upon police.

“As per the said agreement the accused Varinder Gupta had entered into an agreement with Gaytri Project with respect to the said stone crusher and Varinder Gupta had, by virtue of the said agreement, handed over the control of the said stone crusher to the Gaytri Project. I just fail to under stand , how and in what manner the offence of forgery empanelled under section 467 IPC can be made out against Varinder Gupta when he is admitted to have executed such like agreement with Gaytri Project.It is not the case of investigating agency that Varinder Gupta had managed to forge the signature of any other person in execution of the said agreement. It appears that when the applicant Varinder Gupta had managed to get protection order in anticipatory bail application for the offences punishable upto seven years , the investigating officer deliberately introduced the offence u/s 476 IPC to the credit of applicant Varinder Gupta with ulterior motive to deprive him from the benefit of protection order extended by this court in his favour”, said the court.