Transporting coal without a valid transit pass as required by Rule 3 of the Rules 2006 is punishable under Rule 18.

1. Heard on the question of admission.

2. In this intra-Court appeal preferred under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 challenge has been made to order dated 19-4-2010 passed by the learned Single Judge in W.P. No. 13205/09. By the aforesaid order the learned Single Judge has upheld the validity of the order dated 7-11 -2009 passed by the Mining Officer, Panna whereunder penalty of Rs. 25,000/- was imposed on the Appellants under Rule 18 of the M.P. Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2006 (hereinafter referred to as 'Rules') on the ground that the Appellants were found transporting coal without obtaining a valid transit pass as required by the Rules.

3. Learned Counsel for the Appellants vehemently contended that the Appellants are only traders and have valid licence for purchase and sale of coal. Therefore, he did not obtain any transit pass. It has further been submitted that no transit pass is prescribed under the provisions of the Rules which can be issued to a purchaser for transporting coal from one place to another place. Therefore, the order dated 7-11-2009 passed by the Mining Officer, Panna is arbitrary and illegal.

4. On the other hand the Respondents in the return/counter affidavit filed in the writ petition have asserted that the Petitioner No. 2 was found transporting coal without having any valid transit pass as required under the Rules. Accordingly, a notice to show cause was issued to him under Rule 18 (5) of the Rules and the truck on which coal worth Rs. 1,82,083/- was being transported was seized. Thereafter, since the Petitioners-Appellants could not product a valid transit pass as required under the Rules hence, after considering their reply to show cause a penalty of Rs. 25,000/- is imposed by the order impugned in the writ petition. Rule 3 of the Rules prohibits transportation of any mineral/minerals and its products by any carrier from one place to another, in the absence of a valid transit pass. To appreciate the controversy it would be appropriate to examine the provision contained in Rule 3 of the Rules. It reads as under:

3. Prohibition.- (1) No person shall transport or cause to be transported any mineral/minerals or/and its products by any carrier from the place of raising or from one place to another without having a valid transit pass issued under these rules:

Provided that no such transit pass shall be required in case of any mineral/minerals or its products are being transported directly from the lease area by means of a mechanical device viz., Railway wagon or aerial ropeway or conveyer belt.

(2) No person shall store or cause to be stored for commercial purposes or trade any mineral/minerals or its products outside the mine/quarry area without holding a valid licence granted by the Licensing Authority under these rules.

5. From a perusal of the aforesaid Rule 3 it is clear that no mineral/ minerals or its products can be transported by any carrier from the place of raising or from one place to another without there being a valid transit pass issued under the Rules, 2006. It manifestly casts an obligation on a person who intends to transport mineral/minerals or its products from the place of raising or from one place to another place to obtain a valid transit pass. The Appellants admittedly, were found transporting coal worth Rs. 1,82,083/- from Katni to Bhiwadi in the State of Rajasthan without obtaining a valid transit pass as required under the Rules, 2006, therefore, they contravened the provisions of the Rules.

6. Rule 4 of the Rules, 2006 which provides an exception is also of no help to the Appellants, since they do not fall within the ambit of the exempted category. Rule 5 deals with transportation of mineral and its products. Sub-rule (3) of Rule 5, which is relevant for the present purpose, reads as under:

(3) (i) The holder of a Mineral Dealer Licence for transportation of mineral or its