This application under section 482 of the Code of Criminal Procedure has been filed for quashing of the first information report of Mandu P.S. case no.493 of 2008 (G.R No.4585 of 2008) instituted under section 468 of the Indian Penal Code and also under Rule 9 of the Jharkhand Mineral Transit Challan Regulations 2005 as well as section 52 of the Jharkhand Mineral Concessions Rule, 1960 as also under sections 21 and 23 of the Mines and Minerals (Development and Regulation) Act, 1957.

The case of the prosecution is that one Rameshwar Rana Prasad, Assistant Mining Officer, Ramgarh in course of patrolling and inspection when found coal loaded on 4 trucks without there being transit permit (Form D) as required under Rule 3 of the Jharkhand Minerals Transit Challan Regulations, 2005, an enquiry was made and it could be known that coal had been loaded at Ghato Colliery belonging to Tata. Thus, it has been alleged that accused persons by indulging themselves, in the manner stated above, have put the State Government to a great loss.

On the basis of the information given to the Mandu police, a case was registered as Mandu Police case no.493 of 2008 under the offences mentioned above.

Learned counsel appearing for the petitioners submits that Jharkhand Mineral Transit Challan Regulations, 2005 was framed by the State of Jharkhand in exercise of power conferred by Section 23 (C) of the Mines and Minerals (Development and Regulation) Act, 1957 in order to prevent illegal mining, transportation, storage of minerals and mineral products whereas Clause 9 of the said Regulation does prescribe that whenever any mining lessee transports the minerals raised in his mine without any valid permit or challen, it will be treated as a transgression of the conditions of the lease and provisions of Mines and Minerals(Development and Regulation) Act, 1957 and also Mineral Concession Rules, 1960 and Jharkhand Minor Mineral Concession Rules, 2004 and thereby he will be liable to be prosecuted under the said Act and Rules and therefore, allegations upon which the case has been lodged do fall within the purview of ‘Special Legislation’, namely, Jharkhand Mineral Transit Challan Regulations, 2005 and Mines and Minerals (Development and Regulation) Act, 1957 and in that event the cognizance of such offence in terms of the provision as contained in Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 can be taken by the court only upon complaint in writing made by a person authorized in this behalf by the Central Government or the State Government and therefore, any prosecution initiated on the basis of the first information report would be quite illegal. Since instant prosecution has been launched by way of first information report, it is fit to be quashed.

Having heard learned counsel appearing for the parties, it appears that on finding coal being transported without there being any transit challan, a case was registered under sections 468 of the Indian Penal Code as also under Rule 9 of the Jharkhand Mineral Transit Challan Regulations, 2005, as well as under sections 21 and 23 of the Mines and Minerals (Development and Regulation) Act and also under section 52 of the Mineral Concession Rule, 1960 but the question falls for consideration is as to whether in view of the special law, namely, Jharkhand Mineral Transit Challan Regulations,2005 and also Mines and Minerals (Development and Regulation) Act, the prosecution under the penal code would be valid ?

For adjudicating this issue one needs to take notice of the definition of the ‘special law’ as has been defined under section 41 of the Indian Penal Code which reads as follows:

“Special law-A “special law” is a law applicable to a particular subject.”

Obviously “ Special law” means the provision of law which is not applicable generally but which applies to a particular or specified subject or class or subject. In other words where there is a specific punishment provided in