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1. Rule. Rule made returnable forthwith. By consent of
parties, heard finally.
2. By way of the present petition, the petitioner is
challenging the order dated 24.02.2025 issued by the respondent
No.1, under Section 129 of the Bharatiya Nagrik Surkasha Sanhita,
2023 (in short ‘the BNSS Act’) (under Section 110 of the Criminal
Procedure Code) as well as the detention order dated 17.03.2025.
954.wp.231.2025.Judgment..odt
3. The petitioner is permanent resident of Yavatmal and
there were no criminal antecedents except the offence Crime
No.0190/2023 which was registered under Section 379 of the Indian
Penal Code. On 03.02.2025 three tractors having no registration
numbers were seized from outside of the petitioner’s house. It was
alleged that petitioner is involved in the illegal excavation of sand.
It was also alleged that the offence bearing Crime No.0190/2023
was registered against the petitioner therefore, the respondent No.1
issued a preliminary order on the apprehension that the petitioner is
habitual offender and called the petitioner to submit his explanation
on 05.02.2025. Subsequent to that, the respondent No.2 has also
issued preliminary order against the petitioner on 11.02.2025 called
upon him to file explanation on 13.02.2025. On receipt of the
above said orders, the petitioner appeared before the respondent
No.1 and filed its reply and denied all the allegations and submitted
that he is falsely implicated in the above said crime having as he
has no concern with the same. Thereafter, without any inquiry, he
was directed to execute the bond of Rs.1,00,000/- for a period of
six months and a gazetted officer of the same value along with a
surety of the same value in Yavatmal district. Thereafter, the
respondent No.2 initiated the proceedings against the petitioner
under the provisions of Section 126 and 135(3) of BNSS, 2023, also
initiated the proceedings against the petitioner under the provisions
of Section 129 and 130 of the BNSS.
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