IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (283)

Date of decision: 28.08.2025 Raj Kumar …... Petitioner V/s State of Punjab ...Respondents CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. V.P.S. Mithewal, Advocate, with Mr. H.V. Gupta, Advocate, for the petitioner.

Mr. Harkanwar Jeet Singh, AAG, Punjab.

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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.168 dated 04.12.2024 under Sections 21(1), 4(1) of the Mines and Mineral (Development and Regulation) Act, 1957 (hereinafter referred to as “1957 Act”), registered at Police Station Nangal, Distt. Rupnagar, Punjab.

2. The present FIR came to be registered at the instance of Anuj, JE Nangal and reads as under:-

To, The Station House Officer Police Station Nangal Subject- Regarding Illegal Mining at Village Khera Kalmot. In relation to the above subject today dated 4/12/2024 undersigned along with Senior Officers of Mining Department and field staff did checking regarding mining at Village Khera Kalmot. During this time in the mountains of Village Khera Kalmot Lat. 31.308632, Long-76.286830 Didhe Jana fresh mining marks were found of No.1 Poklain Machine, Colour Yellow Make Volvo VCEL 303699259791 was found standing near the above mining site. During this time, no person was found on checking the surrounding areas. Due to the night time in the above area, the calculation regarding the amount of illegal mining could not be done. It is written to you that appropriate action should be taken against the Machinery and Section 21 (1) and 4(1) of the Mining Act 1957 involved in illegal mining in this area and to inform the office of the undersigned regarding the action taken. SD/-Anuj JE.

3. The learned counsel for the petitioner contends that the instant FIR is not maintainable as the offence under the Act is non-cognizable. Be that at it may, taking the allegations to be correct, no case for custodial interrogation is made out as no recovery is to be effected from the petitioner. He, therefore, contends that the petitioner is entitled to the concession of anticipatory bail.

4. The learned counsel for the State, on the other hand, contends that during the course of investigation, it was found that the petitioner had taken a crusher and land measuring 17 Kanals 04 Marlas being 2/3rd share of the land measuring 25 Kanals 17 Marlas situated in village Nangran, Kalmot on rent from Prem Singla. Illegal mining was being conducted on the said land. A Pocklain Machine Colour Yellow make Volvo VCEL 303699259791 was found lying parked there. On measurement of the land from which the illegal mining was conducted, it has been found that illegal mining to the extent of 50000 cft. has has been conducted. He submits that the petitioner is a habitual offender being an accused in four other cases of a similar nature. Further, the offences are cognizable as per Section 21 of the Act. He, thus, prays that the present petition for the grant of anticipatory bail is liable to be dismissed.

5. I have heard the learned counsel for the parties.

6. Before proceedings further, it would be apposite to refer to the relevant provisions of the Mines and Mineral (Development and Regulation)

Act, 1957 and they are reproduced as under:-

4. Prospecting or mining operations to be under license or lease. -

(1) No person shall undertake any reconnaissance, prospecting or mining operations in any area, except under and in accordance with the terms and conditions of a mineral concession or of a or of a exploration licence or, as the case may be, of a mining lease, granted under this Act and the rules made thereunder:

Provided that nothing in this sub-section shall affect any prospecting or mining operations undertaken in any area in accordance with the terms and conditions of a prospecting license or mining lease granted before the commencement of this Act which is in force at such commencement:

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