Discharge of an accused occurs when evidence produces only suspicion but not grave suspicion of involvement in unlawful activities, confirming a lack of mens rea.

ORDER

Heard Mr.Abul Kalam Azad, learned Government Advocate (Crl.side) appearing for the Revision Petitioner and Mr.N.Anandha Padmanabhan, learned Senior Counsel assisted by Mr.R.Ramachandran, learned Counsel for the Respondent.

2. This Criminal Revision Petition has been filed by the Revision Petitioner/State to set aside the order dated 27.03.2023 made in Crl.M.P.No.2347 of 2022 in Spl.S.C.No.46 of 2021 on the file of the learned Special Court to Deal with the Cases of Offences in Contravention of the Provisions of the Mines & Minerals (D&R) Act, Madurai against the discharged of the Respondent/Accused-A4/Selvi.

3. The facts of the case in a nutshell, led to filing of this Criminal Revision Petition and necessary for disposal of the same, are as follows:-

a) PRP Exports and PRP Granites, firm were granted a license to extract granite stones at Pulani in Survey No. 297/5. However, it was later discovered that they had unlawfully extracted granite from areas where they did not have government permission. The firm used their vehicles and heavy machinery to illegally detonate explosives and extract granite. In November 2012, a special team from the Department of Geology and Mining, Chennai, inspected the quarry. During the inspection, the then Village Administrative Officer (VAO) and village assistants accompanied the team and identified the area using village records, as boundary stones were not present. The special team prepared an evaluation report revealing that K. Murugesan and representatives of PRP Exports and Granites Firm had conducted illegal quarrying activities without government permission. The report also stated that granite had been extracted unlawfully, causing a loss to the government. This report was submitted to the District Collector. Based on the findings, the District Collector of Madurai directed the Tahsildar of Melur Taluk to file a complaint with the police. In compliance with this order, the VAO, along with the village assistant, verified the quarry site and subsequently lodged the present complaint.

b) Based on the complaint, a case was registered in Crime No. 222/2013 under Sections 147, 379, 406, 420, 434, 447, and 304(ii) of the IPC read with Section 511 of the IPC, Section 3(i) of the TNPPDL Act, Sections 4(1) and 4(1)(A) read with Sections 21 and 23 of the MMDR Act, and Section 4 of the Explosive Substances Act against the accused persons A-1 to A-23. After completion of a detailed and elaborate investigation, a final report was filed before the Judicial Magistrate, Melur, and the same was taken on file as P.R.C. No. 13/2017 dated 16.02.2017. Subsequently, the case was committed to the Learned Special Court to deal with offences in contravention of the provisions of the Mines and Minerals (Development and Regulation) Act, Madurai, and was numbered as Spl.S.C. No. 46 of 2021. Thereafter, Accused Nos. 4, 8, and 9 filed a discharge petition before the said Special Court. By common order dated 27.03.2023 in Crl.M.P. No. 2347 of 2022 in Spl.S.C. No. 46 of 2021, the Court discharged only the Respondent/Accused-A4/Selvi.

c) The Trial Court, after considering the material before him, was pleased to discharge the Respondent/Accused-A4/Selvi. from the offences framed against her in Crl.M.P. No. 2347 of 2022 in Spl.S.C. No. 46 of 2021, vide common order dated 27.03.2023. Hence, the present Revision Petition has been filed by the State against the common order passed in Crl.M.P. No. 2347 of 2022 in Spl.S.C. No. 46 of 2021, dated 27.03.2023, passed by the Learned Special Court to deal with cases of offences in contravention of the provisions of the Mines and Minerals (Development and