Research › Search › Judgment

Gujarat High Court · body

2024 DIGILAW 90 (GUJ)

RAJESHBHAI BHOLABHAI RAMANI v. STATE OF GUJARAT

2024-01-11

SANDEEP N.BHATT

body2024
ORDER : 1.1 Criminal Misc. Application No. 2483 of 2016 is filed by two applicants under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of the impugned FIR being C.R. - I No. 21 of 2016 registered with the Kosamba Police Station, District Surat for the offences punishable under Sections 379 and 114 of the Indian Penal Code, Section 4(1)(A) of the Mines and Mineral (Regulation and Development) Act, 1957 and Rules 3, 5 and 6 of the Gujarat Mineral (Prevention of Illegal Mining Storage and Transportation) Rules, 2005. 1.2 Criminal Misc. Application No. 3859 of 2016 is filed by one of the above two applicants under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of the impugned FIR being C.R. - II No. 33 of 2016 registered with the Kamrej Police Station, District Surat for the offences punishable under Section 3 of the Prevention of Damage to Public Property Act, 1984. 1.3 Criminal Misc. Application No. 3863 of 2016 is filed by one of the above two applicants under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of the impugned FIR being C.R. - II No. 31 of 2016 registered with the Kamrej Police Station, District Surat for the offences punishable under Section 3 of the Prevention of Damage to Public Property Act, 1984. 1.4 Criminal Misc. Application No. 3864 of 2016 is filed by one of the above two applicants under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of the impugned FIR being C.R. - II No. 35 of 2016 registered with the Kamrej Police Station, District Surat for the offences punishable under Section 3 of the Prevention of Damage to Public Property Act, 1984. 2. The brief facts of the prosecution case, in substance, are that though the applicants have committed an offence of overloading the various truck carrying minerals and illegally and thereby caused financial loss to the Government. 2.1 On receiving the complaint, the concerned officer of the Geological Department, being an authorised officer, has inspected the place of offence and found the following irregularities: (i) The applicants have illegally transported the sand by overloading in the various trucks. (ii) The ingredients of the offence is made out. (iii) Hence, the officers concerned have given written complaint to the police authority to lodge the FIRs against the applicants. (ii) The ingredients of the offence is made out. (iii) Hence, the officers concerned have given written complaint to the police authority to lodge the FIRs against the applicants. (iv) Hence, the impugned FIRs. 3. Heard learned advocates. Rule. Learned APP waives service of notice of rule on behalf of the respondents-State. With consent of the learned advocates, all these matters are taken up for hearing and final disposal today. 4. Learned advocates for the applicants have submitted that the offence is registered against the applicants allegedly by the authorities concerned. It is submitted that during the inspection, the authorities have found some irregularities by the applicants and therefore, the authorities have imposed penalty upon the applicants. It is submitted that in the year of 2022, the Industries and Mines Department, Government of Gujarat has launched Relief Scheme for such cases. It is submitted that as per Condition No. 6 of the said Relief Scheme, 2022, it is clearly stated that in an offence like cheating, bogus/dummy transit pass (royalty pass/delivery challan), obstruction in official duty, attack, etc. such cases will be settled by depositing the dues and the police cases thereof will be withdrawn. It is submitted that as per the said Scheme, 2022, the applicants have paid all the dues by various challans. It is submitted that the authorities concerned have, in turn, written a letter on to the concerned authority/police station for withdrawal of the police cases against the applicants as the applicants have paid all the dues as per the said Relief Scheme, 2022. It is submitted that since the applicants have paid all the dues to the Government, the impugned FIRs would not stand any further against the applicants and may be quashed. It is submitted that all these applications may be allowed. 5. Learned APP for the respondents-State has submitted that the State Government has launched the Relief Scheme in the year 2022 for such cases. He has submitted that the applicants have availed the benefit of that Scheme and paid all the dues of the Government under the said Scheme. He has submitted that pursuant to the conditions of the Scheme, the officer has written a letter to the concerned police station/authority on 01.02.2023 to withdraw the cases since there is a settlement in the said cases, copy of such letter is produced by the learned APP, which is taken on record. He has submitted that pursuant to the conditions of the Scheme, the officer has written a letter to the concerned police station/authority on 01.02.2023 to withdraw the cases since there is a settlement in the said cases, copy of such letter is produced by the learned APP, which is taken on record. He has submitted that appropriate order may be passed. 6. In this regard, the provisions of law/rules are required to be seen, which are as under: “Section 4 - Prospecting or mining operations to be under licence or lease: (1) No - (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 reconnaissance permit or of a prospecting 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 terms and conditions of a prospecting licence or mining lease granted before the commencement of this Act which is in force at such commencement: Provided further that nothing in this subsection shall apply to any prospecting operations undertaken by the Geological Survey of India, the Indian Bureau of Mines [the Atomic Minerals Directorate for Exploration and Research] of the Department of Atomic Energy of the Central Government, the Directorates of Mining and Geology of any State Government (by whatever name called), and the Mineral Exploration Corporation Limited. a Government company within the meaning of [clause (45) of section 2 of the Companies Act, 2013 (18 of 2013)] and any [other entities including private entities that may be notified for this purpose, subject to such conditions as may be specified by the Central Government]: Provided also that nothing in this sub- section shall apply to any mining lease (whether called mining lease mining concession or by any other name) in force immediately before the commencement of this Act in the Union territory of Goa, Daman and Diu. (1A) No person shall transport or store or cause to be transported or stored any mineral otherwise than in accordance with the provisions of this Act and the rules made thereunder. (2) No [mineral concession] shall be granted otherwise than in accordance with the provisions of this Act and the rules made thereunder. (1A) No person shall transport or store or cause to be transported or stored any mineral otherwise than in accordance with the provisions of this Act and the rules made thereunder. (2) No [mineral concession] shall be granted otherwise than in accordance with the provisions of this Act and the rules made thereunder. (3) Any State Government may, after prior consultation with the Central Government and in accordance with the rule made under section 18, 7 [undertake reconnaissance, prospecting or mining operations with respect to any mineral specified in the First Schedule in any area within that State which is not already held under any (mineral concession)] 4A. Termination of prospecting licences or mining leases: (1) Where the Central: (1) No Government, after consultation with the State Government, is of opinion that it is expedient in the interest of regulation of mines and mineral development, preservation of natural environment, control of floods, prevention of pollution, or to avoid danger to public health or communications or to ensure safety of buildings, monuments or other structures or for conservation of mineral resources or for maintaining safety in the mines or for such other purposes, as the Central Government may deem fit, it may request the State Government to make a premature termination of a prospecting licence or mining lease in respect of any mineral other than a minor mineral in any area or part thereof, and, on receipt of such request, the State Government shall make an order making a premature termination of such prospecting licence or mining lease with respect to the area or any part thereof. (2) Where the State Government is of opinion that it is expedient in the interest of regulation of mines and mineral development, preservation of natural environment, control of floods, prevention of pollution or to avoid danger to public health or communications or to ensure safety of buildings, monuments or other structures or for such other purposes, as the State Government may deem fit, it may, by an order, in respect of any minor mineral, make premature termination of prospecting licence or mining lease with respect to the area or any part thereof covered by such licence or lease. (3) No order making a premature termination of a prospecting licence or mining lease shall be, made except after giving the holder of the licence or lease a reasonable opportunity of being heard. (3) No order making a premature termination of a prospecting licence or mining lease shall be, made except after giving the holder of the licence or lease a reasonable opportunity of being heard. (4) Where the holder of a mining lease fails to undertake [production and dispatch] for a period of [two years] after the date of execution of the lease or having commenced [production and dispatch], has discontinued the same for a period of [two years], the lease shall lapse on the expiry of the period of [two years] from the date of execution of the lease or, as the case may be, discontinuance of the [production and dispatch]: Provided that the State Government may, on an application made by the holder of such lease before it lapses and on being satisfied that it shall not be possible for the holder of the lease to undertake production and dispatch or to continue such production and dispatch for reasons beyond his control, make an order, within a period of three months from the date of receipt of such application, to extend the period of two years by a further period not exceeding one year and such extension shall not be granted for more than once during the entire period of lease: Provided further that such lease shall lapse on failure to undertake production and dispatch or having commenced the production and dispatch fails to continue the same before the end of such extended period. Rule 3 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 reads as under: “3. Prohibitions: No person shall carry on the business of buying, storing, selling, supplying, transporting, distributing, delivering, exporting for sale or processing of minerals at any place for the purpose of sale or consumption or otherwise deal with any mineral, except under and in accordance with the Act and the rules made thereunder, including in accordance with registration requirements, mineral concession requirements and other conditions specified in these rules. Provided that the holder of a mineral concession shall not be required to obtain a license for possession, storing, selling, supplying, transporting, distributing or processing of such minerals within the leasehold area.” 7. The Industries and Mines Department, Government of Gujarat has issued Resolution dated 09.06.2022 and declared Relief Scheme for the cases of quarry lease, quarry permit and illegal mining, transportation and storage of minor and important minerals. The Industries and Mines Department, Government of Gujarat has issued Resolution dated 09.06.2022 and declared Relief Scheme for the cases of quarry lease, quarry permit and illegal mining, transportation and storage of minor and important minerals. While issuing the said resolution, the department has taken into consideration the various provisions of the Mines and Minerals Act as well as the Rules which were amended from time to time. Relevant Condition No. 6 of the said Resolution reads as under: “6. In the police cases, the same will be withdrawn by the concerned office on deposit of the amount as per the Scheme, however, except the cases of theft of minerals, if there is an offence like cheating, bogus/dummy transit pass (royalty pass/delivery challan), obstruction in official duty, attack, etc. such cases will not be settled.” 8. In view of above Relief Scheme, 2022, the applicants have deposited the entire amount before the Government vide challans itself. Therefore, the Department has issued letter to the concerned police station/authority on 01.02.2023 stating that the amount has been deposited by the applicants and therefore, the pending cases against the applicants qua the offence in question be withdrawn. 9. In view of above subsequent development, which is endorsed by the Government, this Court is of the opinion that no fruitful purpose would be served to continue with the proceedings arising out of the impugned FIRs against the present applicants. Therefore, in view of the decision of the Hon’ble Apex Court in the case of Gian Singh vs. State of Punjab, 2012 (10) SCC 303 , this Court thinks it fit to exercise the powers in favour of the present applicants and thereby to quash the impugned FIRs and the proceedings arising out of the same, qua the applicants only. 10. Accordingly, all these applications are allowed to the aforesaid extent. The impugned FIRs noted in paragraphs No. 1.1 to 1.4 are hereby quashed and set aside qua the applicants only. Resultantly, the proceedings arising out of the impugned FIRs and pending with the learned trial Court, if any, are also hereby quashed and set aside qua the applicants only. 11. Direct service is permitted.