MARGAO
The South Goa Sessions Court has dismissed the anticipatory bail plea of former Zilla Panchayat member Govind Kusta Gaonkar in connection with the extraction and transportation of laterite stones in the village of Borkotem, Mollem, Dharbandora.While dismissing the bail plea, Additional Sessions Judge, Vincent D’Silva observed that the applicant is required for custodial interrogation amongst other things namely, to attach the other machinery used by the accused/applicant for extraction of laterite stones; vehicles used by the accused for transportation of stolen property i.e. laterite stones are yet to be attached; and to find out the other associates involved along with applicant/accused for extracting laterite stones, transportation, construction etc involving crores of rupees, which is a loss of revenue to the State Government.
In his anticipatory bail plea, the applicant had submitted that he is innocent and is not involved in any offences and that the police had filed a false complaint against him for the commission of offences punishable under Section 379 of the Indian Penal Code, 1860, Section 4(1) of The Mines and Minerals (Development and Regulation) Act, 1957 and Sections 3, 38 of The Goa, Daman and Diu Minor Mineral Concession Rules, 1985.
“There is no dispute that the applicant is an ex-Zilla Panchayat Member. No action has been initiated against the applicant, although there were several complaints against him by the intervenor for large-scale illegal and unauthorised quarrying operations being undertaken by him in the property under survey no 33/1 of village Borkotem, Mollem, Dharbandora, Goa addressed to various authorities including the Directorate of Mines and Geology, without any licence or authority from the Department concerned,” the Judge observed.
Judge Vincent further said there is also no dispute that initially the FIR dated 25.07.2022 was lodged against an unknown person and only when the High Court took action, the FIR was registered against the applicant. “The total value of the property involved in the alleged crime has not been disclosed. However, no action was initiated by the authorities concerned inspite of the fact that large-scale quarrying and theft of the laterite stones continued since the year 2020 inspite of several complaints to the authorities concerned. Moreover, the quarrying operation undertaken by the applicant and others falls within eco sensitive area declared by the Ministry of Environment and Forests, Government of India,” the Judge added.
