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Madhya Pradesh High Court · body

2010 DIGILAW 619 (MP)

Maa Jalpaenterprises v. State of M. P.

2010-06-24

ALOK ARADHE, S.R.ALAM

body2010
ORDER 1. Heard on the question of admission. 2. In this intra-Court appeal preferred under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 challenge has been made to order dated 19-4-2010 passed by the learned Single Judge in W.P. No. 13205/09. By the aforesaid order the learned Single Judge has upheld the validity of the order dated 7-11 -2009 passed by the Mining Officer, Panna whereunder penalty of Rs. 25,000/- was imposed on the Appellants under Rule 18 of the M.P. Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2006 (hereinafter referred to as 'Rules') on the ground that the Appellants were found transporting coal without obtaining a valid transit pass as required by the Rules. 3. Learned Counsel for the Appellants vehemently contended that the Appellants are only traders and have valid licence for purchase and sale of coal. Therefore, he did not obtain any transit pass. It has further been submitted that no transit pass is prescribed under the provisions of the Rules which can be issued to a purchaser for transporting coal from one place to another place. Therefore, the order dated 7-11-2009 passed by the Mining Officer, Panna is arbitrary and illegal. 4. On the other hand the Respondents in the return/counter affidavit filed in the writ petition have asserted that the Petitioner No. 2 was found transporting coal without having any valid transit pass as required under the Rules. Accordingly, a notice to show cause was issued to him under Rule 18 (5) of the Rules and the truck on which coal worth Rs. 1,82,083/- was being transported was seized. Thereafter, since the Petitioners-Appellants could not product a valid transit pass as required under the Rules hence, after considering their reply to show cause a penalty of Rs. 25,000/- is imposed by the order impugned in the writ petition. Rule 3 of the Rules prohibits transportation of any mineral/minerals and its products by any carrier from one place to another, in the absence of a valid transit pass. To appreciate the controversy it would be appropriate to examine the provision contained in Rule 3 of the Rules. It reads as under: 3. Rule 3 of the Rules prohibits transportation of any mineral/minerals and its products by any carrier from one place to another, in the absence of a valid transit pass. To appreciate the controversy it would be appropriate to examine the provision contained in Rule 3 of the Rules. It reads as under: 3. Prohibition.- (1) No person shall transport or cause to be transported any mineral/minerals or/and its products by any carrier from the place of raising or from one place to another without having a valid transit pass issued under these rules: Provided that no such transit pass shall be required in case of any mineral/minerals or its products are being transported directly from the lease area by means of a mechanical device viz., Railway wagon or aerial ropeway or conveyer belt. (2) No person shall store or cause to be stored for commercial purposes or trade any mineral/minerals or its products outside the mine/quarry area without holding a valid licence granted by the Licensing Authority under these rules. 5. From a perusal of the aforesaid Rule 3 it is clear that no mineral/ minerals or its products can be transported by any carrier from the place of raising or from one place to another without there being a valid transit pass issued under the Rules, 2006. It manifestly casts an obligation on a person who intends to transport mineral/minerals or its products from the place of raising or from one place to another place to obtain a valid transit pass. The Appellants admittedly, were found transporting coal worth Rs. 1,82,083/- from Katni to Bhiwadi in the State of Rajasthan without obtaining a valid transit pass as required under the Rules, 2006, therefore, they contravened the provisions of the Rules. 6. Rule 4 of the Rules, 2006 which provides an exception is also of no help to the Appellants, since they do not fall within the ambit of the exempted category. Rule 5 deals with transportation of mineral and its products. Sub-rule (3) of Rule 5, which is relevant for the present purpose, reads as under: (3) (i) The holder of a Mineral Dealer Licence for transportation of mineral or its products from the stockyard shall make an application in Form 3 to the Officer In-charge of the Mining Section of the concerned District Collectorate. Sub-rule (3) of Rule 5, which is relevant for the present purpose, reads as under: (3) (i) The holder of a Mineral Dealer Licence for transportation of mineral or its products from the stockyard shall make an application in Form 3 to the Officer In-charge of the Mining Section of the concerned District Collectorate. The cost of the Transit Pass Book shall be deposited in the same manner, as prescribed in Clause (a) of sub-rule (3) of Rule 7 and the original treasury challan shall be attached with the Form 3; (ii) The Transit Pass for mineral dealer licence shall be prepared in duplicate in Form 4 and serial number to be machine numbered. Each transit pass shall clearly contain date, tie and quantity of mineral both in figure and words along with name and dated signature of the authorized person issuing the pass; (iii) before issue of the Transit Pass Book, the Transit Passes shall be stamped with official seal on the reverse and the first and last page of the first copy of the Transit Pass Book shall be signed with date on the reverse by the Officer In-charge of the mining section of the concerned District Collectorate certifying the total number of Transit Passes contained in the book; (iv) The duplicate copy of the Transit Pass shall be issued by the Licence to accompany every carrier for every trip carrying the mineral or its products from the stockyard. The copy shall be made by the carbon process and the original copy of the Transit Pass shall be retained in the Transit Pass Book; (v) after the first issue of Transit Pass Book, the subsequent issues shall be made on submission of used Transit Pass Books; (vi) on receipt of the used Transit Pass Books, the Officer In-charge of the Mining Section of the concerned District Collectorate shall get original copy of the Transit Pass checked in the office with regard to the material entries and after checking and verifying the same shall be returned to the Licensee after stamping the rubber stamp marked as "CHECKED" and signing the same by a person not below the rank of Mining Inspector or Mitring Surveyor. 7. In the event of contravention of the provisions contained in Rule 3, the penalty is to be imposed on the transporters under Rule 18 for unauthorised transportation or storage of minerals and products. 8. 7. In the event of contravention of the provisions contained in Rule 3, the penalty is to be imposed on the transporters under Rule 18 for unauthorised transportation or storage of minerals and products. 8. Rule 18 of the Rules, 2006 which provides about the penalty reads as under: 18. 7. In the event of contravention of the provisions contained in Rule 3, the penalty is to be imposed on the transporters under Rule 18 for unauthorised transportation or storage of minerals and products. 8. Rule 18 of the Rules, 2006 which provides about the penalty reads as under: 18. Penalty for Unauthorised Transportation or Storage of Minerals and its products.- (1) Whenever any person is found transporting or storing any mineral or its products or on whose behalf such transportation or storage is being made otherwise than in accordance with these rules, shall be presumed to be a party to the illegal transportation or storage of mineral or its products and every such person shall be punishable with the simple imprisonment for a term, which may extend to one year or with fine, which may extend to Rupees Five thousand or with both; (2) Whenever any person is found transporting or storing any mineral or its products in contravention of the provisions of these rules, the authorised person may seize the mineral or its products together with tools, equipment and carrier used in committing such offence; (3) The authorised person seizing illegally transported or stored mineral or its products, tools, equipments and carrier shall give a receipt of the same to the person, from whose possession such things were so seized and shall make report to the Magistrate having jurisdiction to try such offence; (4) The property so seized under sub-rule (2) may be released by the authorised person, who seized such property on execution of a bond to the satisfaction of the authorised person by the person, from whose possession such property was seized on the condition that the same shall be produced at the time and place, when such production is asked for by the authorised person: Provided that where a report has been made to the Magistrate under sub-rule (3), then the property so seized shall be released only under the orders of such Magistrate; (5) The Authorised Person not below the rank of Collector, Additional Collector of Senior IAS Scale, Director, Joint Director, Deputy Director and Officer In-charge (Flying Squad) may before reporting to the Magistrate, compound the offence so committed under sub-rule (1) on payment of such fine, which may extend to double the market value of mineral or its products or Rupees Five Thousand, but in any case it, shall not be less than Rupees One thousand or ten times of royalty of minerals so seized, whichever is higher: Provided that in case of continuing contravention, the authorised person, not below the rank of Mining Officer in addition to the fine imposed may also recover an amount of Rupees Five hundred for each day till the contravention continues; (6) All property seized under sub-rule (2) shall be liable to be confiscated by order of the Magistrate trying the offence, if the amount of the fine and other sum so imposed are not paid within a period of one month from the date of order: Provided that on payment of such sum within one month of the order, all property so seized, except the mineral or its products shall be released and the mineral or its products so seized under sub-rule (2) shall be confiscated and shall be the property of the State Government; (7) The authorised person may, if deemed, necessary, request the Police Authority in writing for the help of Police and the Police Authorities shall render such assistance, as may be necessary to enable the authorised persons to exercise the powers conferred on him/her under these rules to stop illegal transportation or storage of minerals. 9. In the case in hand before compounding the offence an opportunity to show cause was extended to the Appellants and only thereafter, fine of Rs. 25,000/- was imposed. In the facts and circumstances of the case and also keeping in view that the Appellants were admittedly found transporting coal from one place to another place without obtaining a valid transit pass, as required under Rule 3 and as such they are liable for prosecution and for payment of penalty for unauthorisedly transporting coal. Learned Counsel for the Appellants could not point out any error in the impugned order imposing the penalty. He however, argued that since the Appellants are traders and possess a valid licence for purchase and sale of coal hence, for transporting coal they are not required to obtain a valid transit pass. We do not find any force in the submission for the reason that the provisions contained in Rule 3 of the Rules clearly and emphatically prohibits transportation of coal without obtaining a valid transit pass and contravention of the same is made punishable and liable for payment of penalty under Rule 18 of the Rules. 10. We, therefore, do not find any reason to differ with the view taken by the learned Single Judge. Accordingly, the writ appeal being without merit, is dismissed. There shall be no order as to costs.