Penalty and royalty assessment under the Rules, 2019 does not exempt a wrongdoer from prosecution under IPC or any other statute.

JUDGMENT

G S Ahluwalia, J. - Heard finally through Video Conferencing.

2. Case diary is not available. It is submitted by the counsel for the applicant that the case may be decided on the basis of the allegations made in the rejection order.

3. This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

4. The applicant has been arrested on 09.09.2020 in connection with Crime No.408/2020 registered at Police Station City Kotwali Distt. Bhind for offence under Section 379 of IPC and Section 53 of Madhya Pradesh Gaud Khaniz Adhiniyam and Section 130/177 of the Motor Vehicles Act.

5. It is submitted by the Counsel for the applicant, that according to the rejection order, a dumper, which was loaded with sand, was seized and the driver was not in possession of e-TP or any document to show the payment of royalty. It is submitted by the counsel for the petitioner that the State has framed Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules, 2019 and as per Rule 20 of the Rules, 2019, in case of illegal mining, the matter can be compounded on payment of penalty and royalty. It is submitted that in the light of the Rules, 2019, no offence is made out against the applicant and at the most, State can impose the penalty and recover the royalty as mentioned in Rule 20(2) of the Rules, 2019.

6. Per contra, the application is vehemently opposed by the Counsel for the State.

7. The only question for consideration, is as to whether in the light of Rules, 2019, can it be said that no person who is involved in the illegal transportation of illegally excavated sand, can be punished under the provisions of IPC or any other statute or not?

8. Rules 3, 6, 7, 12 and 19 of the Rules, 2019 reads as under:-

"3. Restrictions:- The following restrictions shall be applied with regard to mineral sand,-

(1) No vehicle shall cause to be transported the mineral sand from the sanctioned quarry or storage place without prescribed transit pass

(2) No Vehicle shall cause to be transported without substantial entry in Transit Pass (as quantity of mineral, date/time of transport, time to be taken to reach to destination place, etc.)

(3) No person, except the valid contractor, shall be permitted to store mineral sand for commercial purpose or for use in commercial construction, quantity more than the quantity specified in these rules

(4) The vehicles engaged in sand transportation without GPS or establishing of machine of equivalent technique as prescribed, shall be prohibited after the date of notification by the State Government.

(5) Extraction and removal of sand from the following area shall be prohibited as provided in sustainable sand mining guidelines, 2016 issued by Government of India,-

(a) within 200 meters from any bridge:

(b) within 200 meter upstream and downstream areas of any water supply scheme or water resources scheme;

(c) within 100 meter from edge of national highway and Railway line;

(d) within 50 meter from any canal, reservoir or building;

(e) within 50 meter from edge of state highway and 10 meters from edge of other village road;

(f) within fixed distance from any areas which has been built to control the flood;

(g) within 200 meter distance from the place of cultural, religious, historical, and archaeological importance or within the distance as provided in the Act/Rule;

(h) such areas which have been declared prohibited by Collector due to environmental or other reasons:

Provided that, on receipt of representation, permission to grant for mining within the limit of prohibited area may be considered, after getting NOC/Consent from the concerned administrative department.

(6) There shall be complete ban on mining, loading and storage of sand by machines from the sanctioned quarries in river Narmada. Sand mining, loading and storage from quarries having area upto 5.00 hectare situated on other rivers shall be done by the committee of local labourers and quarries having area more than 5.000 hectare,