Jayant Etc. Vs State of Madhya Pradesh (Supreme Court of India)
On a surprise inspection, the respective Mining Inspectors checked the tractor/trolleys of the private appellants along with the minor mineral (sand/storage/yellow soil etc.) loaded in them. They handed over the tractor/trolleys to the concerned police stations to keep them in safe custody. Finding the private appellants indulged in illegal mining/transportation of minor mineral, the mining Inspectors prepared their respective cases under Rule 53 of the Madhya Pradesh Minor Mineral Rules, 1996 (hereinafter referred to as the ‘1996 Rules’) and submitted them before the Mining Officers with a proposal of compounding the same for the amount calculated according to the concerned 1996 Rules. The concerned Mining Officers submitted those cases before the Collector, who approved the proposal. The violators accepted the decision and deposited the amounts determined by the Collector for compounding the cases. Their tractor/trolleys along with the minerals, which were illegally excavated/transported, were released.
That after some time, a news was published in a daily newspaper – Bhaskar on 8.9.2019 with respect to illegal excavation/transportation of mineral sand from Chambal, Shivna and Retam and other Tributary rivers flow from District Mandsuar and in surrounding places. It was revealed that due to illegal transportation of the minerals and without payment of royalty, revenue loss is occurring. It was reported that illegal mining, storage and transportation of mineral sand was being carried out at large scale. Similar kind of information was also subsequently published on 3.10.2019 in the daily newspaper – Bhaskar in Mandsuar edition. It was also reported that despite the offences under Sections 379 and 414, IPC and the offences under the MMDR Act and the 2006 Rules were found attracted, necessary legal action has not been taken and the violators were permitted to go on compounding the offence under Rule 53 of the 1996 Rules. The learned Judicial Magistrate, First Class, Mandsuar took note of the aforesaid information and having taken note of the decision of this Court in the case of State (NCT of Delhi) v. Sanjay, (2014) 9 SCC 772 taking the view that offences under the IPC and offences under the MMDR Act are distinct and different and it is permissible to lodge/initiate the proceedings for the offences under the IPC as well as under the MMDR Act, the learned Magistrate in exercise of powers conferred under Section 156(3), Cr.P.C. (suo motu) directed to register criminal case under Section 156(3) Cr.P.C. for initiation of investigation and for submitting of report after due investigation is conducted. The learned Magistrate also directed the concerned Incharge/SHOs of the concerned police stations to register the first information report and a copy of the first information report be sent to the learned Magistrate as per the provisions of Section 157, Cr.P.C. 3.2 That pursuant to the order passed by the learned Magistrate, the Incharge/SHOs of the concerned police stations lodged separate FIRs for the aforesaid offences for illegal mining/transportation of sand.
After giving our thoughtful consideration in the matter, in the light of the relevant provisions of the MMDR Act and the Rules made thereunder visàvis the Code of Criminal Procedure and the Penal Code, and the law laid down by this Court in the cases referred to hereinabove and for the reasons stated hereinabove, our conclusions are as under:
i) that the learned Magistrate can in exercise of powers under Section 156(3) of the Code order/direct the concerned Incharge/SHO of the police station to lodge/register crime case/FIR even for the offences under the MMDR Act and the Rules made thereunder and at this stage the bar under Section 22 of the MMDR Act shall not be attracted;
ii) the bar under Section 22 of the MMDR Act shall be attracted only when the learned Magistrate takes cognizance of the offences under the MMDR Act and Rules made thereunder and orders issuance of process/summons for the offences under the MMDR Act and Rules made thereunder;
iii) for commission of the offence under the IPC, on receipt of the police report, the Magistrate having jurisdiction can take cognizance of the said offence without awaiting the receipt of complaint that may be filed by the authorised officer for taking cognizance in respect of violation of various provisions of the MMDR Act and Rules made thereunder; and
iv)that in respect of violation of various provisions of the MMDR Act and the Rules made thereunder, when a Magistrate passes an order under Section 156(3) of the Code and directs the concerned Incharge/SHO of the police station to register/lodge the crime case/FIR in respect of the violation of various provisions of the Act and Rules made thereunder and thereafter after investigation the concerned Incharge of the police station/investigating officer submits a report, the same can be sent to the concerned Magistrate as well as to the concerned authorised officer as mentioned in Section 22 of the MMDR Act and thereafter the concerned authorised officer may file the complaint before the learned Magistrate along with the report submitted by the concerned investigating officer and thereafter it will be open for the learned Magistrate to take cognizance after following due procedure, issue process/summons in respect of the violations of the various provisions of the MMDR Act and Rules made thereunder and at that stage it can be said that cognizance has been taken by the learned Magistrate.
v) in a case where the violator is permitted to compound the offences on payment of penalty as per subsection1 of Section 23A, considering subsection 2 of Section 23A of the MMDR Act, there shall not be any proceedings or further proceedings against the offender in respect of the offences punishable under the MMDR Act or any rule made thereunder so compounded. However, the bar under subsection 2 of Section 23A shall not affect any proceedings for the offences under the IPC, such as, Sections 379 and 414 IPC and the same shall be proceeded with further.
In view of the above and for the reasons stated above, the appeals filed by the violators/private appellants are partly allowed, to the extent quashing the proceedings for the offences under the MMDR Act – Sections 4/21 of the MMDR Act only. The appeal preferred by the State of Madhya Pradesh stands dismissed.
FULL TEXT OF THE SUPREME COURT JUDGEMENT
Leave granted.
Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 11.05.2020 passed by the High Court of Madhya Pradesh, Bench at Indore in M.Cr.C No. 49338/2019 and M.Cr.C. No. 49972/2019, the original petitioner as well as the State of Madhya Pradesh have preferred the present appeals.
By the impugned common judgment and order, the High Court has dismissed the aforesaid applications filed under Section 482 Cr.P.C. to quash the respective FIRs for the offences under Sections 379 and 414, IPC, Sections 4/21 of the Mines & Minerals (Development & Regulation) Act, 1957 (hereinafter referred to as the ‘MMDR Act’) and under Rule 18 of the M.P. Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006 (hereinafter referred to as the ‘2006 Rules’).
3. The facts in nutshell are as under:
On a surprise inspection, the respective Mining Inspectors checked the tractor/trolleys of the private appellants along with the minor mineral (sand/storage/yellow soil etc.) loaded in them. They handed over the tractor/trolleys to the concerned police stations to keep them in safe custody. Finding the private appellants indulged in illegal mining/transportation of minor mineral, the mining Inspectors prepared their respective cases under Rule 53 of the Madhya Pradesh Minor Mineral Rules, 1996 (hereinafter referred to as the ‘1996 Rules’) and submitted them before the Mining Officers with a proposal of compounding the same for the amount calculated according to the concerned 1996 Rules. The concerned Mining Officers submitted those cases before the Collector, who approved the proposal. The violators accepted the decision and deposited the amounts determined by the Collector for compounding the cases. Their tractor/trolleys along with the minerals, which were illegally excavated/transported, were released.
3.1 That after some time, a news was published in a daily newspaper – Bhaskar on 8.9.2019 with respect to illegal excavation/transportation of mineral sand from Chambal, Shivna and Retam and other Tributary rivers flow from District Mandsuar and in surrounding places. It was revealed that due to illegal transportation of the minerals and without payment of royalty, revenue loss is occurring. It was reported that illegal mining, storage and transportation of mineral sand was being carried out at large scale. Similar kind of information was also subsequently published on 3.10.2019 in the daily newspaper – Bhaskar in Mandsuar edition. It was also reported that despite the offences under Sections 379 and 414, IPC and the offences under the MMDR Act and the 2006 Rules were found attracted, necessary legal action has not been taken and the violators were permitted to go on compounding the offence under Rule 53 of the 1996 Rules. The learned Judicial Magistrate, First Class, Mandsuar took note of the aforesaid information and having taken note of the decision of this Court in the case of State (NCT of Delhi) v. Sanjay, (2014) 9 SCC 772 taking the view that offences under the IPC and offences under the MMDR Act are distinct and different and it is permissible to lodge/initiate the proceedings for the offences under the IPC as well as under the MMDR Act, the learned Magistrate in exercise of powers conferred under Section 156(3), Cr.P.C. (suo motu) directed to register criminal case under Section 156(3) Cr.P.C. for initiation of investigation and for submitting of report after due investigation is conducted. The learned Magistrate also directed the concerned Incharge/SHOs of the concerned police stations to register the first information report and a copy of the first information report be sent to the learned Magistrate as per the provisions of Section 157, Cr.P.C. 3.2 That pursuant to the order passed by the learned Magistrate, the Incharge/SHOs of the concerned police stations lodged separate FIRs for the aforesaid offences for illegal mining/transportation of sand, particulars of which are as under:
