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2024 Supreme(Online)(GUJ) 25393
HIGH COURT OF GUJARAT
MR. JUSTICE NIRAL R. MEHTA, J
JAYESHBHAI JESINGBHAI BARAD – Appellant
Versus
STATE OF GUJARAT – Respondent
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 16829 of 2021
MR ASHISH M DAGLI(2203), MR TRUPESH KATHIRIYA, APP
Cognizance of offences under the Mines and Minerals (Development and Regulation) Act cannot be taken based solely on a police report or charge sheet.
Headnote:(A) Indian Penal Code - Section 379 - Gujarat Prevention of Illegal Mining Transport and Storage Act, 2005 - Sections 3, 5, 6, 8, 13 - Mines and Minerals (Development and Regulation) Act, 1957 - Section 22 - Quashing of FIR - The court held that cognizance of offences under the MMRD Act cannot be taken based solely on a police report or charge sheet, as per the precedent set in Vishalbhai Rameshbhai Khurana case. (Paras 4, 6, 10)
(B) Criminal Procedure Code - Section 482 - The court emphasized that the FIR deserves to be quashed due to the lack of proper cognizance under the MMRD Act, allowing the officer to file a complaint instead. (Paras 9, 10)
Facts of the case:
The writ applicant sought to quash an FIR for illegal mining activities, asserting that the FIR was invalid under Section 22 of the MMRD Act, which requires a written complaint from an authorized officer. (Paras 1, 2)
Findings of Court:
The court found that the FIR and subsequent proceedings were invalid under the MMRD Act, thus quashing the FIR. (Paras 10)
Issues: The main issue was whether the court could take cognizance of the FIR based on the police report under the MMRD Act. (Paras 6)
Ratio Decidendi: The court ruled that the FIR could not stand as the magistrate cannot take cognizance based solely on a police charge sheet under the MMRD Act. (Paras 6, 10)
Result: The application is allowed, and the FIR is quashed.
ORAL ORDER
1. By way of this quashing application under Section 482 of the Criminal Procedure Code , the writ applicant has prayed this Court to quash the FIR being I-C.R. No.05 of 2017 filed before the Kodinar Police Station, Gir-Somnath for the offence punishable under Section 379 of the Indian Penal Code , Sections 3, 5, 6, 8 and 13 of the Gujarat Prevention of Illegal Mining Transport and Storage Act , 2005 and Sections 4(1)(a) and 21 of the Mines and Minerals (Development and Regulation) Act , 1957.
2. Brief case of the prosecution thus can be narrated as under:
2.1. Free translation of the FIR is produced as under:
“I, Ravi Kamleshkumar Mistri, aged about 29 years, Occupation: Service, having permanent residence at B/14, Krishna Appartment, India Colony Road, Thakkar Bapa Nagar, Ahmedabad, Mobile No. 9712320364, at present, residing at 39, Rajnagar Society, Veraval By-Pass Road, Veraval. With regard to my complaint dated 23/09/2016, which I had physically given, I state that, I reside at the above mentioned address and perform duty as an Assistant Geologist with the Department of Geology and Mines and Minerals at Veraval. At about 15:30 hours on 07/09/2016, during a surprise inspection by a team of the Prant Officer Shri B.V. Limbasiya, his office-clerk, the clerk from the Office of Mamlatdar, Girgadhda and the Revenue Talati etc. at the Gochar land (pasture land) at Survey No. 305 situated in the outskirt of village Ghantvad (an Eco sensitive Zone), illegal mining was found at the place. Out of the two pits at the place, from first pit, 03 stone cutters with electric motors, 01 generator and 01 small motor, aggregate value considered at Rupees five lakh (Rs.5,00,000/-) were seized. It is found that Haribhai Nodhanbhai Jadav, a resident of Kodinar, Bhimabhai Vallabhbhai Khunt, a resident of Jamvala and Yunus Adambhai Selot, a resident of Ghantvad have been mining the quarry illegally. From the second pit, 03 stone-cutters with electric motors, one generator and two cans filled with diesel, aggregate value considered at Rs.5,00,000/- (Rupees five lakh) have been seized. It is found that Jayeshbhai Barad, a resident of Devali has been mining the quarry illegally. Further, Jitubha Ladhrabhai Makwana, a resident of Jamvala was found transporting the limestone illegally in a tractor having registration no. GJ-11-M-9271 whose owner is identified as one Hasmukhbhai Bhimbhai Khunt, a resident of Jamvala. The tractor, considering its value at Rs.5,00,000/- (Rupees five lakhs) apprx., has been seized. In this regard, pursuant to a communication by the Prant Officer vide his Office-letter No. Mining/C/109/2016 dated 08/09/2016 to the Collector, Gir Somnath, who in turn instructed the Geologist Shri A.L. Uniyal to institute criminal proceedings, I have been authorized to undertake the same. On 01/09/2016, my office received an application given by the residents of Ghantvad village, complaining about illegal mining at the pasture land (Gochar Land) situated at Mauje Ghantvad Survey No. 305, on 02/09/2016, inspection was conducted in co-ordination with the staff of the Department of Mines and Minerals, Gir Somnath, wherein it was revealed that above mentioned Haribhai Nodhanbhai Jadav, residing at Kodinar, Bhimbabhai Vallabhbhai Khunt, residing at Jamvala and Jayeshbhai Barad, residing at Devali have been illegally mining limestone and cutting it into building blocks, pursuant to which, I have given a complaint. After the site-inspection on 02/09/2016, the above mentioned persons, in collaboration with a Ghantvad resident Yunus Adambhai Selot, resumed the illegal mining again. Further, Jitubhai Ladhrabhai Makvana, residing at Jamvala, has been found transporting, illegally, the limestone cut into building blocks. Therefore, it is my complaint to take legal actions, against the above mentioned persons as well as those who may be identified during the investigation, under Section 379 of I.P .C., Section 3, 5, 6, 8, 13 of the Gujarat Mineral
