Madras High Court
Shibu V.S vs State Rep. By on 3 February, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.OP(MD)Nos.6486, 10056 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.OP(MD)Nos.6486, 10056 of 2024
and
Crl.MP(MD)No.6823 of 2024
Crl.OP(MD)No.6486 of 2024:-
Shibu V.S. : Petitioner
Vs.
1.State rep. by
The Sub Inspector of Police,
Arumanai Police Station,
Kanyakumari District.
Cr.No.154/2023
2.The Chief Secretary to Government,
State of Tamil Nadu,
Secretariat,
Chennai.
3.The Secretary to Government,
State of Tamil Nadu,
Home, Prohibition & Excise Department,
Secretariat,
Chennai.
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Crl.OP(MD)Nos.6486, 10056 of 2024
4.The Secretary to Government,
State of Tamil Nadu,
Municipal Administration and Water Supply Department,
Secretariat,
Chennai.
5.The Secretary to Government,
State of Tamil Nadu,
Environment, Climate Change & Forest Department,
Secretariat,
Chennai.
6.The Secretary to Government,
State of Tamil Nadu,
Rural Development & Panchayat Raj Department,
Secretariat,
Chennai.
7.The Chairperson,
Tamil Nadu Pollution Control Board,
Guindy,
Chennai.
8.The Director General of Police,
Head of Police Force,
Mylapore,
Chennai. : Respondents
[R.2 to R.8 suo-motu impleaded vide order dated .02.2025]
PRAYER: Petition filed under Section 482 CrPC to call for the records
relating to the order dated 27.01.2024 made in Crl.RC.No.1 of 2024 on the
file of the Principal Sessions Court, Kanyakumari District at Nagercoil,
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Crl.OP(MD)Nos.6486, 10056 of 2024
confirming the order dated 05.10.2023 made in Crl.MP.No.10987 of 2023 on
the file of the Judicial Magistrate Court No.I, Kuzhithurai and quash the
same.
For Petitioner : Mr.T.Selvakumaran
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor
*****
Crl.OP(MD)No.10056 of 2024:-
Velmurugan : Petitioner
Vs.
1.State rep. by
The Inspector of Police,
Chokkampatti Police Station,
Tenkasi District.
Cr.No.29/2022
2.Shek Uthuman : Respondents
PRAYER: Petition filed under Section 482 CrPC to call for the records
relating to impugned FIR in Crime No.29 of 2022 dated 25.01.2022, altered
vide alteration report dated 26.01.2022, on the file of the first respondent
Police and quash the same.
3/23
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Crl.OP(MD)Nos.6486, 10056 of 2024
For Petitioner : Mr.H.Mohammed Imran
for M/s.Ajmal Associates
For R.1 : Mr.T.Senthil Kumar
Additional Public Prosecutor
*****
COMMON ORDER
Crl.OP(MD)No.6486 of 2024:-
This petition is filed by one Shibu as against the order passed by the learned Principal Sessions Judge, Kanyakumari District at Nagercoil, in Crl.RC.No.1 of 2024 dated 27.01.2024, confirming the order passed by the learned Judicial Magistrate No.I, Kuzhithurai, in Crl.MP.No.10987 of 2023 dated 05.10.2023.
2.The facts of the case is that the petitioner is the owner of the vehicle bearing Reg.No.KL-21-R-6388. On 17.09.2023, the vehicle was seized by the respondent Police for its involvement in illegal transportation of medical waste. In this connection, a case was registered as against the Driver of the vehicle in Crime No.154 of 2023. Vide the orders impugned, the petitioner's request for interim custody of the vehicle was rejected. 4/23 https://www.mhc.tn.gov.in/judis Crl.OP(MD)Nos.6486, 10056 of 2024 Crl.OP(MD)No.10056 of 2024:-
3.This petition is filed by one Velmurugan as against the FIR pending in Crime No.29 of 2022 on the file of the first respondent Police.
4.The facts of the case is that on the information given by the second respondent / defacto complainant, who is working as the Health Inspector at Sundareshapuram Government Primary Health Centre, that plastic and medical wastes were dumped by the accused in the place belonging to the Railway Department through Lorries bearing Reg.Nos.TN-76-W-8844 & TN-76-W-8915, the first respondent has registered the case.
5.Since both the original petitions pertain to transportation and dumping of wastes, viz., bio-medical waste, plastic waste, etc., these petitions have been tagged and heard together.
6.Biomedical waste mismanagement is not just an environmental issue; it is a serious threat to human survival. Bio-medical waste must be properly managed and disposed of to protect the environment as well as 5/23 https://www.mhc.tn.gov.in/judis Crl.OP(MD)Nos.6486, 10056 of 2024 the general public, who are at the risk of exposure to such waste. Considering the health hazard posed by the improper management of bio- medical waste, the Bio-Medical Waste Management Rules, 2016, was introduced, with an object to segregate, transport, treat and dispose the wastes correctly, so as to protect the environment and to stop the spreading of diseases due to improper management of bio-medical wastes, like dumping it in the open place, etc.
7.Bio-Medical Waste Management Rules, 2016, prescribes a detailed procedure for disposal and management of bio-medical waste. The Rule prohibits transportation of bio-medical waste beyond 75 kms from the Hospital. In fact, untreated bio-medical waste shall not be kept stored beyond a period of 48 hours. While so, transporting the same illegally has to be viewed very seriously. Therefore, this Court is not inclined to interfere with the orders impugned in Crl.OP(MD)No.6486 of 2024. Accordingly, the criminal original petition in Crl.OP(MD)No.6486 of 2024 stands dismissed.
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8.During the course of arguments, the learned Counsel for the petitioner in Crl.OP(MD)No.10056 of 2024 has filed a memo seeking permission to withdraw the original petition. Accordingly, the criminal original petition in Crl.OP(MD)No.10056 of 2024 stands dismissed as withdrawn.
9.Though the Rule is very much in vogue, there are frequent transportations of medical wastes into the State of Tamil Nadu, from the neighboring States, particularly, State of Kerala. Therefore, this Court is inclined to dwell into this issue.
10.A Division Bench of this Court took cognizance of the issue in a public interest litigation in S.Chidambaram v. Chief Secretary to Government of Tamil Nadu and Others [WP(MD)No.24286 of 2018] and has disposed of the said writ petition on 08.01.2019 in the following terms:-
“6.The Bio Medical Waste (Management and Handling) Rules clearly stipulates the method and manner by which the bio medical waste should be treated and disposed of. The bio medical wastes are transported 7/23 https://www.mhc.tn.gov.in/judis Crl.OP(MD)Nos.6486, 10056 of 2024 from Kerala to the district of Tirunelveli without any kind of check. It was only when the situation has become abnormal, the police and the District Administration took up the cause. The District Level Bio Medical Waste Management Committee has already been formed under the Chairmanship of the District Collector. This Committee should meet frequently and appropriate direction should be issued to ensure that the bio medical wastes are not transported to the district. They should also evolve a method for disposal of the bio medical waste as per the norms prescribed by the Government and the guidelines issued by All India Institute of Medical Sciences, New Delhi. The District Collector, Tirunelveli District, must ensure that the medical wastes are not dumped in the district of Tirunelveli.”
11.Thereafter, a contempt petition came to be filed in Cont.P(MD)No. 1847 of 2019 alleging that illegal transportation of bio-medical waste is still continuing and a Division Bench of this Court has seized of the same.
12.A learned Single Judge of this Court in Sub-Inspector of Police, Alangulam Police Station, Tenkasi v. R.S.Rajeesh [Crl.RC(MD)No.957 of 2023, dated 15.11.2023], after recording the proceedings that transpired in Cont.P(MD)No.1847 of 2019, has held as under:- 8/23
https://www.mhc.tn.gov.in/judis Crl.OP(MD)Nos.6486, 10056 of 2024 “11. Thereafter, the contempt petition was filed before this Court in the said writ petition in Contempt Petition No.1847 of 2019. This Court granted interim injunction restraining the transportation of the biomedical waste in all the borders of the Tamilnadu. In the contempt petition, the Principal Secretary to the Government also averred that the Government has sought legal opinion as to whether the violator of the bio-medical Rules including the persons who dumped the medical waste unauthorisedly could be included in the definition of the 'Goonda' under the Tamilnadu Act 14 of 1982.
12. It is also stated in paragraph No.15 of the contempt affidavit that the District Collector of the Tenkasi and Coimbatore have been addressed to create awareness among the Lorry Transport owners about the stringent action (Seizure of Lorries, Cancellation of the Permit etc.,) to be taken against them on the unauthorised transportation and dumping of the bio-medical waste across the borders and to sensitize the public to inform the urban and rural local bodies about the unauthorised dumping of the bio-medical waste throughout the State vide Government Letter dated 23.01.2023. It is further stated that the Monitoring Team also has been appointed to monitor the medical and other waste from Kerala to the border area of the Tenkasi District.
... ... ...
17. Now it is brought to the knowledge of this Court that the learned Advocate General of the State has given positive opinion to bring the violator of the bio-medical waste Management Rules, 2016 9/23 https://www.mhc.tn.gov.in/judis Crl.OP(MD)Nos.6486, 10056 of 2024 under the definition of 'Goonda' under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest-offenders, Goondas, Immoral Traffic offenders, Slum-grabbers and Video Pirates Act, 1982. To implement the Bio-medical Waste Management Rules, 2016, steps are being taken by the Tamilnadu Government through appreciable, in the interest of the environment and to prevent the health hazard, the Government is expected to take necessary steps to bring amendment to suitably deal with the person transporting the medical waste from the Kerala State to the Tamilnadu State. Even in the counter filed by the Principal Secretary to Government, it is stated that more than 9 cases final report was filed, 45 petty cases were registered and number of vehicles were seized with the medical waste. Apart from that similar Public Interest Litigation was filed before the Principal Bench in W.P.No. 25717 of 2018 with prayer to remove the bio-medical waste which were dumped in Vallanadu Wildlife Sanctuary. Further, the petitioner police registered two more similar cases in recent past. Hence, it is right time to book the violators of the bio-medical waste under the Act 14 of 1982 by bringing proper amendment to the Act 14 of 1982.”
13.In Re B.L. Wadehra v. Union of India [(1996) 2 SCC 594], the Hon'ble Supreme Court has emphasized the need for proper disposal of bio-medical waste and directed the Government to frame guidelines. 10/23 https://www.mhc.tn.gov.in/judis Crl.OP(MD)Nos.6486, 10056 of 2024
14.In Research Foundation for Science, Technology and Ecology v. Union of India [(2005) 10 SCC 510], the Hon'ble Supreme Court has highlighted the importance of environmentally sound management of bio- medical waste and directed the Government to take steps to ensure compliance with the Waste Management Rules.
15.Though repeated orders are being passed by the Courts, the mismanagement of medical and bio-medical waste and the menace of illegal transportation and dumping of such waste has not been curtailed.
16.In fact, the National Green Tribunal, Southern Zone, Chennai, has, very recently, taken suo-motu cognizance of the issue relating to unidentified miscreants who had dumped the biomedical, food, plastics and other wastes from Kerala to Tirunelveli District of Tamil Nadu in OA.No.312 of 2024. In the proceedings, it has been admitted that the wastes are being transported from Kerala and the National Green Tribunal, by order dated 19.12.2024, has directed the State of Kerala to remove the wastes from the State of Tamil Nadu forthwith, as under:- 11/23
https://www.mhc.tn.gov.in/judis Crl.OP(MD)Nos.6486, 10056 of 2024 “12. Therefore, it would be appropriate for the Government of Kerala to remove the waste of all nature dumped inside Tamil Nadu forthwith and either take it to the State of Kerala or arrange to get them treated in any authorized treatment facilities.
13. We are constrained to pass the said order, as in the earlier incident, the Government of Tamil Nadu had quickly removed the waste after segregation, incurring an expenditure of about Rs.70,000/-, which is yet to be reimbursed by the State of Kerala.
14. Therefore, we direct the State of Kerala and the Kerala SPCB to take strict action to remove the waste dumped within a period of 3 (three) days from the date of this order and file their action taken report.”
17.After the order dated 19.12.2024, the solid waste including the bio- medical waste dumped illegally inside the State of Tamil Nadu have been removed by the State of Kerala and action has also been initiated by the Kerala State Pollution Control Board as against the offenders.
18.The National Green Tribunal is continuously monitoring the issue and is passing a slew of directions, besides making stringent observations. 12/23 https://www.mhc.tn.gov.in/judis Crl.OP(MD)Nos.6486, 10056 of 2024 One such observation made by the Tribunal in its order dated 02.01.2025 is extracted as under:-
“14. To be noted is that, this is not the first instance of dumping waste in the neighboring State. The report of the Kerala SPCB also states that they have paid the expenditure incurred by the State of Tamil Nadu for handling the waste illegally dumped on an earlier occasion near Nanguneri in Tirunelveli District.
...
16. While so, today, the learned counsel appearing for the State of Tamil Nadu stated that on 23.12.2024, the Tamil Nadu Police seized 04 huge trucks stuffed with food and fish wastes and one vehicle loaded with human excreta in the district of Kanyakumari. Reportedly, the vehicle is coming from Kerala. The said vehicles were stopped by the State Police near Kaliyakkavilai and an initial probe into the matter revealed that the vehicles were on their way to Kanyakumari from the Thiruvananthapuram district of Kerala. This also adds to the agony to show that these kinds of violations are recurring in the border states.
17. It is high time for both the States to take appropriate action in this regard, Kerala - to stop sending waste of any kind to the neighbouring state and Tamil Nadu - to strengthen the border securities by constituting a Special Task Force.
18. Let the matter be listed on 20.01.2025 for filing an additional report by the authorities with reference to the action taken and the 13/23 https://www.mhc.tn.gov.in/judis Crl.OP(MD)Nos.6486, 10056 of 2024 outcome of the same in this regard. If no satisfactory action is taken by the authorities concerned, appropriate directions will be issued by this Tribunal, which may not be palatable to the authorities.”
19.Since the National Green Tribunal, Southern Zone, has already seized of the matter and is continuously monitoring the same, this Court is not issuing any directions with regard to initiation of action as against the offenders and to prevent the recurrence of such incidents.
20.However, when this Court verified with the learned Additional Public Prosecutor as to the status of the vehicles involved in such illegal transportation and dumping of solid wastes, bio-medical wastes, etc., the response from the Department is not satisfactory. The Director General of Police has filed a status report showing the number of cases registered and the number of vehicles seized. While recognizing the action taken by the Department in increasing the number of check posts, this Court takes judicial notice of the fact that none of the vehicles involved in these cases has been confiscated so far.14/23
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21.Section 2(40) of the Tamil Nadu Urban Local Bodies Act, 1998 [in short 'Act'], defines solid waste as under:-
“solid waste means,
(a) night soil and other contents of latrines, cesspools and drains;
(b) dung and refuse or useless of offensive material thrown out in consequence of any process of manufacture, industry trade;
(c) putrid and putrefying substances;
(d) the solid waste discharged from the hospitals; and
(e) such other solid waste which are detrimental to public health;”
22.Section 179-H of the Act provides for seizure and confiscation of vehicles. The same is extracted as under:-
“179-H. Power to seize and confiscate vehicles, articles, etc.— (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, where an offence under this Chapter is believed to have been or is being committed, any officer, not lower in rank than that of a Tahsildar in Revenue department in the case of a town panchayat, the Commissioner in the case of a municipal council and any officer not lower in rank than that of an Assistant Commissioner in the case of a municipal corporation, may seize any 15/23 https://www.mhc.tn.gov.in/judis Crl.OP(MD)Nos.6486, 10056 of 2024 vehicle or other articles including motor, pump, tube, tool or equipment used for the commission of such offence and shall without unreasonable delay, produce the same before the officer, authorised in this behalf by the Government.
(2) Where any such vehicle or other article is produced before the authorised officer and if he is satisfied that an offence under this Chapter has been committed, the authorised officer may, whether or not prosecution is instituted for such offence, he may, without prejudice to any other penalty to which the offender is liable under this Chapter, order confiscation of the vehicle or the articles so seized:
Provided that before passing an order of confiscation, the owner or the person from whom such vehicle or article is seized, shall be given—
(a) notice in writing informing him of the grounds on which it is proposed to confiscate;
(b) an opportunity of making a representation in writing and an opportunity of being heard in the matter.
(3) Where the authorised officer, after passing an order of confiscation under sub-section (2), is of the opinion that it is expedient in the public interest so to do, he may order the confiscated vehicle or the articles, to be sold by public auction.
(4) Where any confiscated property is sold under sub-section (3), and where the order of confiscation made under this section is set aside or annulled by an order under section 179-I, the proceeds of such sale, after deduction of the expenses of, or incidental to, such auction, shall be 16/23 https://www.mhc.tn.gov.in/judis Crl.OP(MD)Nos.6486, 10056 of 2024 paid to the owner thereof or to the person from whom it was seized, as may be specified in such order.”
23.Rule 379 of the Tamil Nadu Urban Local Bodies Rule, 2023 [in short 'Rules'], also provides for seizure of vehicles and the same is extracted as under:-
“379. Power to seize specified vehicles.— Where an offence under the Act, rules, bye-laws or any other regulations is believed to have been or is being committed, the Area Engineer of the Board in case of Chennai Metropolitan Area, the Assistant Commissioner in case of Municipal Corporation, Commissioner in case of Municipality and Tahsildar in case of Town Panchayats may seize the vehicle or other article including motor, pump, tube, tool or equipment used for the commission of such offence and shall produce the same within 24 hours before the concerned territorial Superintending Engineer of the Board in case of Chennai Metropolitan Area, the Commissioner in case of Municipal Corporation, Regional Director of Municipal Administration in case of Municipality, the Assistant Director of Town Panchayats in case of Town Panchayats, as the case may be, within whose jurisdiction the vehicle or other article including motor, pump, tube, tool or equipment used for the commission of such offence is seized.” 17/23 https://www.mhc.tn.gov.in/judis Crl.OP(MD)Nos.6486, 10056 of 2024
24.Though there are enabling provisions available under the Tamil Nadu Urban Local Bodies Act, 1998 and Tamil Nadu Urban Local Bodies Rules, 2023, it is not known as to why the vehicles involved in such offences are not confiscated so far. Even if the vehicle has been apprehended by the Police or other officials, they ought to inform the authority concerned, under the Act and Rules, for further action with regard to seizure and confiscation.
25.In Re State of Madhya Pradesh and Others v. Kallo Bai [(2017) 14 SCC 502], the Hon'ble Supreme Court has specifically held that criminal prosecution is distinct from confiscation proceedings and that the two proceedings are different and parallel, each having a distinct purpose. The object of confiscation proceeding is to enable speedy and effective adjudication with regard to confiscation of the produce and the means used for committing the offence, while the object of the prosecution is to punish the offender.
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26.Therefore, this Court suo-motu impleads
1. The Chief Secretary to Government, State of Tamil Nadu, Secretariat, Chennai.
2. The Secretary to Government, State of Tamil Nadu, Home, Prohibition & Excise Department, Secretariat, Chennai.
3. The Secretary to Government, State of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, Chennai.
4. The Secretary to Government, State of Tamil Nadu, Environment, Climate Change & Forest Department, Secretariat, Chennai.
5. The Secretary to Government, State of Tamil Nadu, Rural Development & Panchayat Raj Department, Secretariat, Chennai.
6. The Chairperson, Tamil Nadu Pollution Control Board, Guindy, Chennai.
7. The Director General of Police, Head of Police Force, Mylapore, Chennai.
as parties to the criminal original petition in Crl.OP(MD)No.6486 of 2024.
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27.Launching of prosecution alone would not suffice. Confiscation of vehicles used for the offence should be done in order to curtail the menace, by instilling fear on the offenders. The newly impleaded respondents shall, by issuing necessary Circulars / Orders / Memorandums to their respective officers / officials, ensure that the object of the Tamil Nadu Urban Local Bodies Act, 1998 and Tamil Nadu Urban Local Bodies Rules, 2023 are implemented in its stricto senso, by confiscating the vehicles which are used in the commission of offence.
In fine, Crl.OP(MD)No.6486 of 2024 stands dismissed; and Crl.OP(MD)No.10056 of 2024 stands dismissed as withdrawn. Consequently, connected miscellaneous petition is closed.
Internet : Yes 03.02.2025
gk
Note:
Registry is to carry out necessary amendments in the cause title 20/23 https://www.mhc.tn.gov.in/judis Crl.OP(MD)Nos.6486, 10056 of 2024 To
1.The Sub Inspector of Police, Arumanai Police Station, Kanyakumari District.
2.The Inspector of Police, Chokkampatti Police Station, Tenkasi District.
3.The Principal Sessions Judge, Kanyakumari District at Nagercoil.
4.The Judicial Magistrate No.1, Kuzhithurai.
5.The Chief Secretary to Government, State of Tamil Nadu, Secretariat, Chennai.
6.The Secretary to Government, State of Tamil Nadu, Home, Prohibition & Excise Department, Secretariat, Chennai.
7.The Secretary to Government, State of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, Chennai.
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8.The Secretary to Government, State of Tamil Nadu, Environment, Climate Change & Forest Department, Secretariat, Chennai.
9.The Secretary to Government, State of Tamil Nadu, Rural Development & Panchayat Raj Department, Secretariat, Chennai.
10.The Chairperson, Tamil Nadu Pollution Control Board, Guindy, Chennai.
11.The Director General of Police, Head of Police Force, Mylapore, Chennai.
12.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
22/23 https://www.mhc.tn.gov.in/judis Crl.OP(MD)Nos.6486, 10056 of 2024 B.PUGALENDHI, J.
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