Vinoth @ Muruganantham v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 26.08.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.12053 of 2021 Vinoth @ Muruganantham ... Petitioner/Accused (Sole) Vs State rep.by The Inspector of Police, Ammapet Police Station, Thanjavur District.

(Crime No.323/2021).

... Respondent/Complainant For Petitioner : M/s.R.L.Dhilipan Pandian, Advocate For Respondent : M/s.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.323 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order : The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 IPC and Section 21(4) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.323 of 2021, seeks anticipatory bail.

2.The prosecution case is that on 24.05.2021, when the respondent complainant was on patrol, the petitioner and others were found in transporting one unit of river sand in their TATA 407 vehicle. On seeing the respondent, the petitioner and others left the vehicle and fled away from the scene of occurrence. Hence, the complaint.

3.Learned Counsel for the petitioner submits that the petitioner is an innocent and has not committed any offence as alleged by the prosecution. However, a false case has been foisted as against him and therefore, prays for grant of anticipatory bail.

4.Learned Government Advocate (Crl.side) appearing for the respondent police, on instructions, submits that the petitioner and others have involved in illegal transportation of river sand. He further submits that apart from this case, the petitioner is having three previous cases of similar nature to his credit. 5.Considering the facts and circumstances of the case, the nature of mineral transported and the antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition stands dismissed.

6.It is needless to say that any tool or instrument or vehicle used for illegal quarrying / transportation of sand is liable to be seized under Section 21(4) of the Mines and Minerals(Development & Regulation) Act, 1957 and any vehicle or instrument or tool which has been seized under Section 21 (4) of the Mines and Minerals (Development & Regulation) Act, 1957, is liable to be confiscated under Section 21(4-A) of the Act.

7.Though the above provision mandates the authorities to confiscate the tool or instrument or vehicle involved in the commission of the offence of illegal quarrying / transportation of sand, the authorities have not invoked the provision under Section 21(4-A) of the Mines and Minerals (Development & Regulation) Act, 1957 and therefore, a Division Bench of this Court in W.P.No.19936 of 2016, etc., batch has emphasized the need for confiscation of the vehicles. Consequently, the Government has also issued certain directions to the authorities of Revenue, Police and Forest and Geology and Mining departments to seize the vehicles and for confiscation of the same in G.O.Ms.No.170, Industries (MMC-II) Department, dated 05.08.2020. Therefore, the respondent police is directed to proceed further as per Section 21 (4-A) of the Mines and Minerals(Development & Regulation) Act, 1957 and as per the guidelines issued in G.O.Ms.No.170, Industries (MMC-II) Department, dated 05.08.2020.

Sd/- 26/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, AMMAPET POLICE STATION, THANJAVUR DISTRICT.

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.12053 of 2021 Date :26/08/2021 SP/JM/SAR I/07/09/2021/3P/3C