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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Jaswinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Manisha Batra, J. (Oral)
1. The present petition has been filed by the petitioner seeking anticipatory bail in case arising out of FIR No.28 dated 04.03.2023 registered under Sections 307, 353, 186 and 379 of IPC and Section 21 of Mines and Minerals (Development and Regulation) Act, 1957 (For short "Act, 1957") (Section 307 of IPC deleted subsequently) at Police Station Meharban, District Ludhiana.
2. The aforementioned FIR has been registered on the allegations that on 04.03.2023, a team consisting of officials of Mining Department as well as some police officials had gone to Villages Dhanasu and Bhukhri for patrolling purpose. Two different teams had been formed. One team discovered vehicle bearing registration No.PB-10-HL-1528 make TATA filled with sand. It was also found that illegal mining by digging earth to the extent of 25 to 30 feet had been made. Four other Tata vehicles and JCB machine were found at the spot. The second team also found two JCB machines in the area. However, that JCB machine had been taken away by some unknown person at the time of raid itself. Those persons were tried to be stopped but managed to flee by extending threats to open fire upon the me
The gravity of the offence, potential need for custodial interrogation, and environmental impact of illegal mining were central to the court's decision.
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 b....
Anticipatory bail can be granted when allegations against the petitioner lack substantiating evidence, emphasizing the protection of personal liberty.
Illegal mining poses serious environmental and infrastructural risks, and custodial interrogation may be necessary to unearth the truth.
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