Jurisdiction of the Special Court under the Mines and Minerals (Development and Regulation) Act

JUDGMENT :

(Prayer: This criminal revision case is filed under Sections 397 r/w. 401 of Cr.P.C., to set aside the impugned order passed by the learned Additional District Munsif cum Judicial Magistrate, Thiruppuvanam in Cr.M.P.No.148 of 2020, dated 10.02.2020 and consequently direct to release the petitioner's vehicle in bearing Registration No.TN-58-AD-0435.)

1. This revision has been filed to set aside the order passed in Cr.M.P.No.148 of 2020, dated 10.02.2020, on the file of the learned Additional District Munsif cum Judicial Magistrate, Thiruppuvanam and to direct to release the petitioner's vehicle bearing Registration No.TN-58-AD-0435.

2. On the side of the petitioner, it is stated that under Section 22 of Mines and Minerals (Development and Regulation) Act, the respondent has to file a private complaint before the concerned authorities and hence, there is no jurisdiction for the Special Court to try the case and the case can be tried only by the Judicial Magistrate Court and prays the vehicle to be returned to the petitioner.

3. On the side of the prosecution, it is stated that if the vehicle is returned, again the petitioner might commit the same offence.

4. It is seen that this Court in the case of Muthu v. the District Collector has specially given instructions that releasing the vehicle under the Mines and Minerals (Development and Regulation) Act should be placed only before the Special Court.

5. In the above circumstances, the petitioner is directed to file a petition before the Special Court. With the above direction, the Criminal Revision Case is disposed of. No Costs.