IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P. NO.8198/2019 BETWEEN B M NARASHIME GOWDA AGED ABOUT 29 YEARS, S/O MOGANNE GOWDA, R/O BOREMEGALLAKOPPALU VILLAGE, PANDAVAPURA TALUK, MANDYA DISTRICT-571431.
...PETITIONER (BY SRI P MAHESHA, ADV.) AND STATE BY GEOLOGIST, DEPT. OF MINES AND GEOLOGY, MANDYA DISTRICT, REP BY SPP, HIGH COURT OF KARANTAKA, BANGALORE-01.
(BY SRI R.D.RENUKARADHYA, HCGP.) …RESPONDENT THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO (a) QUASH THE ENTIRE PROCEEDINGS REGISTERED IN FIR NO.509/2018 PENDING ON THE FILE OF THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, S.R.PATNA.
(b) MODIFY THE IMPUGNED ORDER PASSED BY THE LEARNED PRL. DIST. & SESSIONS JUDGE, MANDYA IN CRL.RP.NO.237/2019 DATED 31.10.2019 WHICH HAS CONFIRMED THE ORDER PASSED BY LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, S.R.PATNA IN FIR NO.509/2018 OF S.R.PATNA POLICE STATION IN P.F.NO.14/2018 DATED 22.02.2019.
(c) DIRECTING TO RELEASE THE VEHICLE BEARING NO.KA 48 4843, SEIZED UNDER PF NO.14/2018 DATED 19.11.2018 BY THE COMPLAINANT GEOLOGIST MANDYA IN FAVOUR OF PETITIONER ON REASONABLE CONDITION.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Govt. Pleader.
2. Learned counsel for the petitioner has placed reliance on the ruling by a Co-ordinate Bench of this court rendered in Crl.P. No.465/2019 and other connected cases ordered on 03.06.2019 and would contend that the petitioner is also similarly situated and the mineral that is alleged to have been transported is quarry dust only. The Co-ordinate Bench after taking note of the definition of mineral as defined under Section 3(e) of the Mines and Minerals (Development and Regulation) Act, 1957 was pleased to hold that the quarry dust is not a notified mineral and hence the prosecution is unsustainable. The Co-ordinate Bench has observed in paragraph 4 to 7 as follows:-
“4. Learned counsel for the petitioners submits that the impugned orders are per se without jurisdiction as the dust is not a minor mineral either under the Mines and Minerals (Development and Regulation) Act, 1957 or under the Karnataka Minor Mineral Concession Rules, 1994. On the other hand learned Additional SPP has supported the orders passed by the Magistrate as well as the Revisional Court.
5. I have considered the submissions made by the learned counsel for the parties and has perused the records.
6. Rule 43(1) of the Karnataka Minor Mineral Concession Rule, 1994 provides that the State Government may, by notification, direct the establishment of Checkpost or erection of barriers or both at such place or places as it thinks fit with a view to prevent or check unauthorized transportation of minor minerals and evasion of royalty or commission of any other commission of offence in respect of minor minerals. Section 3(e) of the Mines and Minerals (Development and Regulation) Act, 1957 defines the expression “minor minerals”, which reads as under:
Section 3(e):- “minor minerals” means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central government may, by notification in the Official Gazette, declare to be minor mineral”.
7. It is not in dispute that the dust has not been notified to be a minor mineral by the Central Government. From close scrutiny of Section 3(e) of the Mines and Minerals (Development and Regulation) Act, 1957 it is evident that the dust is not covered under the definition of minor minerals. Therefore, imposition of condition as laid down in Karnataka Minor Minerals Concession Rules 1994 for release of the vehicles of the petitioners are per se without jurisdiction. The impugned orders dated 22.11.2018 and 31.12.2018 therefore cannot be sustained in the eye of law. The impugned orders are therefore quashed and the respondent is directed to release the vehicles of the petitioners forthwith.”
3. Learned High Court Govt. Pleader would fairly submit that the alleged mineral in the instant case is a quarry dust and in that view of the matter, the case of the petitioner also stands squarely covered by the order on which reliance is placed. In that view of the matter, the petition deserves to be allowed. Accordingly, the petition is allowed. The proceedings registered as P.C.R. No.24/2018 arising out of FIR No.509/2018 pending on the file of the Additional Civil Judge and JMFC, Srirangapatana stands quashed.
The authorities shall forthwith release the vehicle and material that is seized pursuant to registration of FIR 509/2018.
Chs* CT-HR Sd/- JUDGE