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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Chanan Singh – Appellant
Versus
State of Punjab – Respondent
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,
Illegal mining poses serious environmental and infrastructural risks, and custodial interrogation may be necessary to unearth the truth.
Anticipatory bail denied in illegal mining case despite suspended lease and political vendetta claims, emphasizing environmental harm, prima facie evidence from verified footage, need for custodial i....
Anticipatory bail granted due to lack of evidence and absence of prior criminal record.
Anticipatory bail can be granted when allegations against the petitioner lack substantiating evidence, emphasizing the protection of personal liberty.
The gravity of the offence, potential need for custodial interrogation, and environmental impact of illegal mining were central to the court's decision.
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