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2025 Supreme(Online)(P&H) 3701
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jasjit Singh Bedi, J
Abdul Rehman – Appellant
Versus
State of Haryana – Respondent
CRM-M-43443-2025
For the Appellants/Petitioners: Rampal Kaushik
For the Respondents: Viney Phogat
The court underscored that in anticipatory bail applications, the prima facie case against the accused must be examined thoroughly before granting relief.
Headnote:(A) Rajasthan Minor Mineral Concession Rules, 2012 - Sections 101(10) and 106 - Anticipatory bail application - Seeking anticipatory bail in light of illegal mining charges placed upon petitioner - The petitioner, a driver/owner, didn’t deposit compensation of Rs.4,30,000/- stipulated by the National Green Tribunal and was implicated in illegal activities. (Paras 2, 4, 6)
(B) Anticipatory Bail - When the framework of the case suggests a prima facie establishment of the offence, mere absence of necessity for custodial interrogation does not warrant granting anticipatory bail. The court must examine the prima facie case against the accused. (Paras 6, 8)
Facts of the case:
The petitioner was charged under sections related to illegal mining, with a history regarding penalty and compensation yet to be deposited.
Findings of Court:
The evidence indicates enough prima facie grounds against the petitioner, advocating dismissal of his anticipatory bail plea.
Issues: The key issue was evaluating whether the failure to deposit penalties justified anticipatory bail approval.
Ratio Decidendi: The court emphasized that just because custodial interrogation is unnecessary, it does not absolve the prima facie case against the accused, justifying the refusal of bail.
Result: The present petition stands dismissed.
| Table of Content |
|---|
| 1. petitioner seeks anticipatory bail in context of illegal mining charges. (Para 2 , 3) |
| 2. court evaluates prima facie case for anticipatory bail consideration. (Para 4 , 6) |
| 3. failure to meet penalty obligations impacts bail eligibility. (Para 7 , 8) |
JASJIT SINGH BEDI, J. (Oral)
The prayer in the present petition under Section 482 of BNSS, 2023 is for the grant of anticipatory bail to the petitioner in case FIR No.1098 dated 09.07.2025 under Sections 303(2) of BNS, 2023 and 21(1) of Mining Act, registered at Police Station HSENB, Ambala, District Ambala.
2. The present FIR came to be registered at the instance of Rinku Kumar, Mining Inspector and reads as under:-
With reference to this office letter No. Mining/Amb SPL-01 dated 24.04.2025. 1. In this regard, you are informed that on 24.04.2025, during checking, the enforcement team members ASI Mr. Ravinderpal, ASI Mr. Pardeep, HC Mr. Virender Singh, and HC Sonu Dravid caught Tipper Reg. No. HR 58B 2130 on road, Siwanmajra, near Barara in relation to illegal mining/transportation of sand (Minor Mineral). On the information provided by the said team, the Mining Guard of the Mining Department, Mr. Fakir Chand, reached the spot. The driver was asked about the bill/e-document (E-Ravana) for the mineral filled in the Tipper, but the driver did not possess any such bill or E-Ravana. Finding involvement in illegal mining/illegal transportation of sand (Minor Mineral), the said tipper was seized by Mining Guard Mr. Fakir Chand of the Mining Department from On Road, Siwanmajra, near Barara and parked at Police Station, Barara. (Original copy of the Seizing Order is enclosed). You are also informed that under Sub-rule 101(10) and Sub-rule 106 of the Haryana Minor Mineral Concession, Mineral Stocking, Transportation and Prevention of Illegal Mining Rules, 2012, if any vehicle, machinery, or other equipment is found involved in illegal mining, it is seized from the spot and parked at the concerned Police Station/Outpost. The royalty, price of the mineral, fine, and environmental compensation amount under the order dated 19.02.2020 of the Hon'ble National Green Tribunal (NGT) is recovered from the concerned driver/owner and deposited in the Government Treasury before releasing the vehicle. If the royalty, fine, and mineral price for vehicles caught in illegal mining is not deposited within one month under Sub-rule 101(10) and within three months under Sub-rule 106, then legal action is taken under the said rules against the driver/owner. Regarding the same subject, the Hon'ble Punjab and Haryana High Court, Chandigarh, vide order dated 04.02.2021 in CWP- M. 23190-2020, has directed for action to be taken under the said rules. 2. The driver/owner of Tipper Reg. No. HR 58B 2130, Mr. Abdul Rehman S/o Mr. Tufail, resident of Village Malikpur Khadir, District Yamunanagar, has not yet deposited with this department the penalty, royalty, and mineral price under Sub-rule 104 of the Haryana Minor Mineral Concession, Mineral Stocking, Transportation and Prevention of Illegal Mining Rules, 2012, nor the environmental compensation amount of Rs.4,30,000/- in the government treasury as per the orders dated 23.04.2019 and 19.02.2020 of the Hon'ble National Green Tribunal, New Delhi. Therefore, you are requested to kindly take legal action under Section 303(2) of BNS and Section 21(1) of the MMDR Act against the driver/owner of Tipper Reg. No. HR 58B 2130, Mr. Abdul Rehman S/o Mr. Tufail, resident of Village Malikpur Khadir, District Yamunanagar, for violating the above-mentioned orders of the Hon'ble National Green Tribunal, New Delhi, and for committing theft of minerals. This will help in strict compliance with the orders of the Hon'ble High Court and recovery of government revenue. Kindly ensure that a copy of the FIR is sent to this office at (miningofficer.ambala@gmail.com). Sd/
(Rinku Kumar, Mining Inspector).
3. The learned counsel for the petitioner contends that the petitioner has been f
