ORDER

This petition under Article 226 of Constitution of India has been filed challenging the FIR No.78/2024 registered at Police Station Bamhani, District Mandla for offence under Sections 379 and 414 of IPC.

2. It is submitted by counsel for the petitioner that according to the prosecution case, an information was received by the concerning Police Station that sand is being transported illegally in Haiwa No.MP- 22-H-1252. Accordingly, the said vehicle was stopped. Driver of the vehicle was unable to produce the documents pertaining to transportation of sand and accordingly the offence under Section 379 and 414 of IPC was registered.

3. It is submitted by counsel for petitioner that police has no authority to register the offence under Section 379 and 414 of IPC. It is submitted that in exercise of power under Section 23 of M.P. Mines and Minerals (Development and Regulations) Act, 1957, the State Government has framed rules namely Madhya Pradesh Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2022 (in short “Rules 2022”).

4. It is submitted that as per Rule 25 of Rules 2022where the police finds that illegal mining, storage and transportation is being done in addition to the quantity mentioned in the transit pass, then the 3 W.P.No.6982/2024 police shall give information to SDO (Revenue). The SDO (Revenue) would proceed in accordance with rules 23 and 24. Accordingly, it is submitted that police has no jurisdiction to register FIR.

5. Per contra, the petition is vehemently opposed by the counsel for State. It is submitted that the Supreme Court in the case of Jayant v. State of M.P., reported in (2021) 2 SCC 670 has held that registration of FIR in the case illegal transportation of minerals is permissible.

6. Heard the learned counsel for the parties.

7. Rule 23, 24 and 25 of M.P. Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2022 reads as under:-

“23. Action in illegal extraction, transportation, and Storage.

Whenever any person is found involved in illegal extraction, illegal transporting and illegal storing of the minerals or cause to be, in contravention of provisions of these rules, the Collector/Additional Collector/Deputy Collector/ Sub Divisional Officer (Revenue)/Tehsildar/Naib Tehsildar/Chief Executive Officer of Zilla Panchayat/Chief Executive Officer of Janpad Panchayat/Deputy Director (Mining Section)/Officer Incharge of Mining Section/Assistant Mining Officer/Mining Inspector/Officer in Charge (Flying Squad) in their respective jurisdiction shall proceed to act in the following manner:-

(i) to initiate case of illegal extraction, illegal transporting and illegal storing by preparing Panchnama on spot;

4 W.P.No.6982/2024 (ii) to collect necessary evidences, which may include videography of illegal extraction, illegal transporting, illegal storing;

(iii) to forfeit all tools, devices, vehicles used in illegal excavation or illegal storage or illegal transportation of mineral and mineral shall hand or all material so forfeit. 1 to the persons or lessee or any other person from whose possession such material was forfeited on executing an undertaking up to satisfaction of the officer forfeiting such material, to this effect that he shall forthwith produce such material as and when may be required to do so;

(iv) officers as mentioned above shall make a request in writing to the concerning police station/seeking police assistance, if necessary and police officer shall provide such assistance as may be necessary to prevent illegal excavation, transporting and storing of the mineral.

24. Powers of the investigating officer.- The investigation officer while investigating the cases of illegal extraction, transporting and storing of the minerals, shall have the following powers:-

(i) to call for person concern to record statements;

(ii) to seize record and other ma