2024 Supreme(P&H) 1003
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASJIT SINGH BEDI, J.
Madan Lal – Petitioner
Versus
State of Haryana – Respondent
CRM-M NO. 21414 of 2024 (O&M)
Decided On : 06-08-2024
Advocates Appeared:
Mr. Nitin Rathee, Advocate, for Mr. P.C. Yadav, Advocate; For the Petitioner
For the Respondent: Mr. Parveen Kumar Aggarwal, DAG, Haryana.
The court established that the prima facie case against the accused must be prioritized in anticipatory bail applications, and the absence of custodial interrogation alone does not warrant granting bail.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 438 - Anticipatory bail - The petitioner sought anticipatory bail in connection with FIR under Section 379 IPC and Sections 21(1) & 21(4) of the Mines and Minerals Act, 1957 - The court emphasized that the prima facie case against the accused must be considered first, and the absence of custodial interrogation alone is not sufficient for granting bail. (Paras 3, 6, 7)
(B) Legal principles - The court reiterated that the nature of the offence and severity of punishment are critical factors in bail considerations, and anticipatory bail should not be granted merely because custodial interrogation is not required. (Paras 6, 7)
Facts of the case:
The petitioner was implicated in illegal mining activities involving a tractor-trolley loaded with stone dust, which was seized by authorities. The petitioner claimed he was falsely implicated and was willing to cooperate with the investigation.
Findings of Court:
The court found that the prima facie case against the petitioner was established, and custodial interrogation was necessary for the investigation.
Issues: The main issue was whether the petitioner was entitled to anticipatory bail given the prima facie evidence against him.
Ratio Decidendi: The court ruled that the prima facie case must be established before considering bail, and the absence of custodial interrogation does not automatically warrant bail.
Result: Petition dismissed.
JUDGMENT
Jasjit Singh Bedi, J. (Oral)
The prayer in the present petition under Section 438 Cr.P.C. is for the grant of anticipatory bail to the petitioner in case FIR No.1940 dated 28.02.2024 under Section 379 IPC and Sections 21(1) & 21(4) of the Mines and Mineral Act, 1957 registered at Police Station Haryana Estate Enforcement Bureau, Hisar.
2. The present FIR came to be registered on the complaint of Rajesh Kumar, Mining Officer, Mining and Geology Department, Hisar and reads as under:-
From: Mining Officer, Mining and Geology Department Hisar. To The SHO, Police Station Haryana State Enforcement Bureau, Hisar. Memo No. Mining/Hisar/2045 dated 27.02.2024 Subject: Regarding taking legal action against the owner/driver of tractor-trolley No.HR-16V-1521, being found involved in Illegal Mining/Transportation. On the above subject, you are informed that on date 09.11.2023, undersigned Inspector Rajesh Kumar, Mining Officer alongwith team of this office consisting of Mrs. Sudesh Rani, Mining Guard and Sh. Sunil Kumar, Driver and Sh. Kuldeep Singh, Sub-Inspector from PS HSENB, Hisar in Government vehicle No. HR-70-GV-7378 of this office were conducting checking. During the checking, the above said tractor-trolley No.HR-16V-1521 was checked at 08:03 AM, at Tosham Road, near canal, in the area of Hansi, Police District Hansi, the said tractor trolley was found loaded with illegal minerals (stone dust) and the owner/driver of the abovesaid tractor trolley did not have the e-Ravana/e-Transit, issued by the Mines and Geology Department. Therefore, the said tractor-trolley was seized/impounded, vide Endst No.Spl.1- 2, dated 09- 11-2023, by the checking team, as per the rules 102/104 of Haryana Minor Minerals Concession Stocking Transportation and Prevention of Illegal Mining Rules 2012 and orders of Hon'ble National Green Tribunal, New Delhi dated 23.04.2019 and 19.02.2020 and under section 21 (4) of the Mines And Minerals (Development And Regulation) Act, at City Police Station, Hansi, Police District Hansi, copy thereof is enclosed. Owner of said tractor-trolley, Sh. Madan Lal son of Sh. Chhitar Lal, resident of Kirawad, Tehsil Tosham, District Bhiwani, was issued notices for depositing the environmental compensation amount, royalty and penalty amount for the price of the mineral, vide notices No.Mining/HSR/1807-08, dated 06.12.2023 and Mining/HSR/1993-94, dated 11.01.2024, in accordance with Rule 102/104 of the Haryana Minor Minerals Concession, Stocking, Transportation and prevention of illegal Mining Rules, 2012 and orders of Hon'ble National Green Tribunal New Delhi, dated 23.04.2019 and 19.02.2020, but the above-said owner of tractor-trolley has not deposited the amount of fine in the Mines and Geology Department, Hisar for the release of the above mentioned tractor-trolley, copies of which are attached herewith. Therefore, you are requested to take appropriate further legal action against the driver of the above mentioned tractor-trolley No.HR-16-V-1521, Sh. Arun son of Sh. Madan Lal, resident of village Kirawad, Tosham District, Bhiwani who was found at the spot and as per the photocopy of the RC received in the office the owner of the said vehicle is Sh. Madan Lal son of Sh. Chhitar Lal R/o village Kirawad, Tehsil Tosham, District Bhiwani, and a case be registered & thoroughly investigated under Section 379 IPC for taking in possession stolen mineral (stone dust) and for transportation of illegal minerals under Section 21 (1) and 21 (4) of the Mines & Minerals (D&R) Act 1957, for illegal mining and for violation of the orders of Hon'ble National Green Tribunal, New Delhi and further take legal action as per the rules. Sd/-Rajesh Kumar, Mining Officer, Mines and Geology Department, Hisar. Mob. No.97299-56812, No./Mining/Hisar/Date.
3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. Nothing is to be recovered from his possession. He was of the age of 43 years ol
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