JUDGMENT :

Sandeep Moudgil, J.

1. RELIEF SOUGHT

The jurisdiction of this Court has been invoked for the second time under Section 482 B.N.S.S.,2023 seeking grant of anticipatory bail to the petitioner in case FIR No.156 dated 13.10.2023,(Annexure P-1) under Sections 21(1) and 4(1) of Mines and Minerals( Regulation of Development) Act, 1957 registered at Police Station Nangal, District Rupnagar.

2. The contents of the FIR read as under:-

Copy of the complaint, "TO Naya Nangal Police Post. Subject: Complaint with regard to the Video received from village Bhallan for illegal Mining. On the above subject, it is being written to you that on 09.10.2023 a complaint has been received via video and it was seen that ont eh spot at the coast of Swan river fresh mining has been conducted. Its coordinates are 31.263720, 76.362170 and I is around 10200 Cft. The report with regard to the spot of illegal mining would be obtain from Revenue Department and it is being written to you that vide Section 21(1), 4(1) of MMDF Act 1957 the owner of the land be investigated and proceedings be conducted and its report be conveyed to Sub Divisional Office, Water and Drainage Mining, Nangal. Sd/- Manreet Singh, JE, Dated 12.10.2023 C/c SDO Nangal At XEN, Mining Cum Drainage, Shri Anandpur Sahib." Police Proceedings: Today myself ASI was present Police Post then received at a complaint was Police Post through Manreet Singh JE Mining Department, therefore, for the registration of the case FIR against the unknown owners of the land, complaint file is being handed over to PHG Nirmal Singh and he is being sent to Police Station. After the registration of the case FIR, its number be obtained from the case file. Incharge Control room be informed. Myself ASI along with ASI Harjinder Singh, PHG Anil Kumar is heading towards the spot of occurrence in government vehicle No. PB12Q1330. Sd/- Tejinder Singh ASI PP Naya Nangal, PS Nagal dated 12.10.2023. Withint he boundaries of PP Naya Nangal. At 11:45PM. After receiving the complaint, case proceedings has been FIR registration initiated against unknown owners of mining spot. Proceedings has been completed. MHC has been instructed to maintain the records. Incharge Control Room, Roopnagar is being notified via wireless. Copy of the FIRS will be sent to the service of Area Magistrate and Senior Officers via dak. Original complaing along with copy of the case file is being handed to PHG Nirmal Singh and sent to above ASI Tejinder Singh 191/R on the spot. Completion report No.03 dated 13.10.2023 at 01:00AM.'

3. SUBMISSIONS

ON BEHALF OF THE PETITIONER:

It is contended by the learned counsel for the petitioner that he has been falsely implicated in the present case wherein he the FIR got registered by Manreet Singh JE, on the basis of a video received from Jatinder Pal Singh, who is resident of the said area. He further contends that the petitioner is neither named in the FIR nor has he committed any offence added with the fact that no gravel sand has been recovered from his possession.

Counsel for the petitioner argues that the he has been granted anticipatory bail by coordinate bench in CRM-M-5459-2024 in FIR No. 159 and CRM-M-2493-2025 in FIR No. 147 vide orders dated 25.04.2024 and 17.01.2025 respectively.(Annexure P-3 and P-4)

Notice of Motion

ON BEHALF OF RESPONDENT-STATE:

On the asking of the Court, Mr.Jaspal Singh Guru, Assistant Advocate General, Punjab, who is present in Court accepts notice on behalf of the State of Punjab and has submitted that the petitioner's involvement has been alleged by the complainant on the basis of a video and statement of Jatinder Pal Sharma , resident of that area. Also, two more FIR's on same set of grounds stands registered against the accused meaning thereby, he is an habitual offender involved in committing such crime and due to this reason, the petitioner does not deserve the grant of concession of anticipatory bail.

4. Heard learned counsel for the parties at length.

5. ANALYSIS AND CONCLUSION