Research › Search › Judgment

Rajasthan High Court · body

2016 DIGILAW 1701 (RAJ)

Maphal son of Shri Jakir v. State of Rajasthan through the Public Prosecutor

2016-11-25

PANKAJ BHANDARI

body2016
ORDER : 1. Admit. 2. Learned Public Prosecutor accepts notice on behalf of the State. Hence, notice need not be issued. 3. It is contended by counsel for the petitioner that the petitioner was having a valid Ravanna issued in his name on 31.12.2014. The vehicle in question was seized by the police on 31.12.2014 carrying 16 tonnes of boulder. It is contended that coordinate Bench of this Court in number of cases have directed the petitioners to produce Ravanna before the investigating officer with further direction to the investigating officer to inquire into the genuinity of the Ravanna and then form his independent opinion. 4. Learned Public Prosecutor has opposed the misc. petition. His contention is that after the vehicles are seized, the Ravanna are obtained on back date by the persons, who are involved in the illegal mining, as a result of which illegal mining is continuing, even in the forest areas inspite of the orders of the Hon'ble Apex Court. 5. I have considered the contentions, inspite of the orders of the Hon'ble Apex Court, illegal mining is continuing, and time and again, vehicles carrying boulders are seized and in majority of the cases, there is illegal mining from forest areas and allegation of commission of the offences under Sections 41 & 42 of the Forest Act is also levelled. The transporter is not having the Ravanna at the time of seizure. A number of petitions are filed under the provisions of Section 482 Cr.P.C. Further number of petitions are also filed before the lower courts seeking release of vehicles on Supardginama under Sections 451, 457 Cr.P.C. In the petitions filed under Section 482 Cr.P.C., a copy of the Ravanna issued on the same date is generally annexed and a request for quashing the FIR is made. 6. It is apparent that the Ravanna Book is issued by the Mining Department to the leaseholder, who in turn issues Ravanna to the owner/driver of the vehicle. The Ravanna is required to be signed by the leaseholder as well as the driver of the vehicle. The Ravanna also has a column, wherein place of destination is to be recorded. Since the illegal mining is continuing, and time and again vehicles are being seized with boulders and there is allegation that the mining is being done in forest area, a circular needs to be issued by the Mining Department. The Ravanna also has a column, wherein place of destination is to be recorded. Since the illegal mining is continuing, and time and again vehicles are being seized with boulders and there is allegation that the mining is being done in forest area, a circular needs to be issued by the Mining Department. The Circular should provide that – (i) the leaseholders would submit details of the Ravanna issued every week (week denotes Monday to Sunday) to the concerned police station, where the mining lease is situated, by the Monday next. The concerned police station should immediately enter the same in the daily diary (Rojnamcha); (ii) the leaseholders should also give details online to the Mining Engineer concerned or such authority, as the Mining Engineer designates, of the number of Ravanna issued daily. Such details should be furnished not later than 24 hours of the issuance of Ravanna. The Mining Engineer concerned should intimate the details to the leaseholder as to where the online information is to be submitted; (iii) the Ravanna should be duly filled. It should contain the details of the place where the material is destined to go. The Ravanna should bear the signatures of the driver and the person issuing the Ravanna with full details of the vehicle and the details of the driver. It should be made mandatory for the driver to keep the Ravanna with him on the vehicle when the material is transported. 7. The Mining Department should issue necessary Circular in the above respect preferably within a period of six weeks. The Mining Department would be free to impose other conditions, as may be deemed necessary for curbing the menace of illegal mining. 8. The Director General of Police, Rajasthan, Jaipur should also issue necessary guidelines to the concerned police stations for recording of the Ravanna entries in the Daily Diary (Rojnamcha). 9. This Court hopes that this would put a check on the issuance of fake Ravanna after the vehicle is seized. The mentioning of the destination would also put a check on movement of the product to other areas. 10. In the present case in hand, the petitioner is directed to appear before the concerned investigating officer and produce his Ravanna. The concerned investigating officer is directed to then verify the genuinity of these documents. The mentioning of the destination would also put a check on movement of the product to other areas. 10. In the present case in hand, the petitioner is directed to appear before the concerned investigating officer and produce his Ravanna. The concerned investigating officer is directed to then verify the genuinity of these documents. The investigating officer would be free to draw his conclusion uninfluenced by any observation made herein, whether or not these documents, that is, Ravanna pertain to the consignment or the forest produce being carried out by the petitioner at the time when the vehicle was intercepted by the police. 11. With the aforesaid observations and directions, the present misc. petition stands disposed. The stay application also stands disposed. 12. A copy of this order be sent to the Principal Secretary, Mining Department, Government of Rajasthan, Jaipur and the Director General of Police, Rajasthan, Jaipur forthwith for necessary compliance.