Gujarat High Court
Madansinh Mohansinh Solanki vs State Of Gujarat on 5 April, 2018
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/12375/2012 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 12375 of 2012
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MADANSINH MOHANSINH SOLANKI
Versus
STATE OF GUJARAT
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Appearance:
MR SATYAM Y CHHAYA(3242) for the PETITIONER(s) No. 1,2,3
MR. KM ANTANI(6547) for the PETITIONER(s) No. 1,2,3
NOTICE SERVED BY DS(5) for the RESPONDENT(s) No. 2
MR. RAKESH PATEL, ADDL. PUBLIC PROSECUTOR(2) for the
RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 05/04/2018
ORAL ORDER
1. By this application under section 482 of the Cr.P.C., 1973, the applicants-original accused Nos.1,2 and 3 respectively have prayed for the following reliefs;
"(A) Your Lordships may be pleased to admit and allow this application.
(B) Your Lordships may be pleased to quash the FIR, being Cr.No.I-106/2010 dated 30.12.2012, registered at Amirgadh Police Station, at Annexure A to the petition, qua the present applicants, in the interest of justice.
(C ) Pending admission, hearing and final disposal of this Application, Your Lordships may be pleased to stay the further inquiry, investigations and/or proceedings pursuant to the impugned FIR, being Cr.No.I 106/2010 dated 30.12.2012, registered at Amirgadh Police Station, at Annexure A to the petition, qua the present applicants, in the interest of justice.
Page 1 of 9R/CR.MA/12375/2012 ORDER (D) Your Lordships may be pleased to pass such other and further relief in favour of the applicants, as deemed just and proper in the facts and circumstances of the case."
2. The first information report lodged by the respondent No.2 herein, in his capacity as the Assistant Geologist, is extracted hereunder;
"In reference to the subject noted above this is to state that, I, Mehsibhai Rambhai Vala, District Assistant Geologist, Geology & Mining Department, Collectorate, Second Floor, Palanpur, District Banaskantha makes this complaint that, I am working on the post mentioned above in this office and therefore in exercise of the powers conferred in me I make this complaint as per the letter dated 30.10.2010 by the Additional Director, Appeal & Flying Squad, Gandhinagar.
On 25.5.2010 Flying Squad, Mines & Minerals Department, Gandhinagar, Royalty Inspector and their team had carried out inspection and found that Kamal Stone, At Chicken Vas, Taluka: Amirgadh has unauthorizedly stocked building stone mineral 705 MT, the said stock was seized.
On the same day in the Truck No.GJ-18-U-7044 mineral kapchi was also seized loaded in the truck at plant, and the stock of kapchi and etc. was handed over to the responsible person at the Unit Mr. Gangadan Paludan Gadhvi, and the possession of the truck was seized and handed over to Mr. Madansingh Mohansingh Sodha, and instructed to maintain the truck in as it is condition. Thereafter, notice was issued to Proprietor for giving explanation about the above stock and truck, in this regard Mr. Hanumantsingh J. Ranawat, Proprietor, Kamal Stone had given reply to Additional Director, Gandhinagar that there was 2330 MT stock at the unit and the Flying Squad, Gandhinagar had carried out the measurements at night therefore requested to carry out measurements again.Page 2 of 9
R/CR.MA/12375/2012 ORDER The applicant was not satisfied by the above measurement therefore on 27.09.2010 Flying Squad, Gandhinagar and District Office, Palanpur had in the presence of their representative carried out the measurement again, accordingly the stock of building stone at plant was found to be 863 MT.
Earlier at this place District Mines & Mineral Office, Palanpur team had carried out the measurements on 23.10.99 and seized stock of 2348 MT unauthorizedly stocked, and on 8.4.2010 ordered to pay Rs.440194/-
Thereafter, Mr. Hanumantsingh Ranawat had made a statement before the Flying Squad Office, Gandhinagar on 16.9.2010 and accepted that as per the measurements carried out by the District Office, Banaskantha team the stock of 2348 MT is admitted by him. Whereas the measurement carried out by the Fling Squad team is not accepted.
Thereafter, Proprietor, Kamal Stone had made statement before the Flying Squad Office, Gandhinagar that the owner of the Truck No.Gj-18-U-7044 Mr. Madansingh Mohansingh Sodha is at present in Rajasthan, thereafter in the presence of Mr. Vikramsingh Hemsingh Solanki representative of Kamal Stone Proprietor again the measurements were carried out by the Surveyor, and as per the measurement the stock of mineral at site was found to be 863 MT, which was accepted by their representative and his statement was recorded.
Thus, earlier this office had seized 2348 MT stocks and on again measuring on 27.09.2010 the stocks had reduced to 863 MT, thus it is evident that 1485 MT building stone mineral which was seized as per Gujarat Minerals Rules, 2004 (Prevention of Illegal Mining, Transport and Storage Rules was transported/exported by Kamal Stone Crusher, Proprietor and Supervisor, also a truck was seized along with mineral at plant under the above Rules, which was also not found, thus, the seized stocks with mineral were taken away and thus violated the above rules.
Thus the truck driver/owner and Kamal Stone Proprietor Mr. Hanumantsingh Ranawat have violated MMDR Act Rule 4(2a) and violated the provisions of Gujarat Mineral Page 3 of 9 R/CR.MA/12375/2012 ORDER Rules, 2004 (Illegal Mining, Transport & Storage Rules) 3,6,8,13, 17 and 19 therefore as per the provisions of Rule 13 of this Rule, punishable offence is committed and violated sections of IPC, the value of the said mineral is Rs.440194/- (rupees four lakhs forty thousand one hundred and ninety four only) and the said mineral was illegally stocked and truck No.GJ-18-U-7044 of value of Rs.2.50 Lakhs is also seized which was also taken away, and in this regard this is complaint against the accused as per the Gujarat Minerals Rules 2005. Rules 3,5,6,8,13,17,19 of IPC sections and Mines & Minerals (Development & Regulations) Act, 1957 for taking legal action.
The value of the above concerned truck is Rs.2,50,000/- and 10 MT mineral value is Rs.25000/- as per the government rules. Which are also taken away and thus violated Rules 17, 13(3) of Gujarat Minerals Rules, 2005.
Therefore for violation of the MMDR Act, 1957 Ruile 4(2a) and Gujarat Minerals Rules, 2005 Rule 3,6,8,13,17 and 19 and MMDR 2010 Rule 4(1) the offence is punishable as per Rule 68 of the said Rules. And it is requested to register complaint as per the IPC sections.
Rojkam drawn at site, seizure order copy and measurement sheet copy are enclosed herewith. It is requested to take the same into consideration and file FIR against the accused."
3. Thus, it appears that the applicant No.3 herein is the proprietor of a proprietary firm running in the name of "Kamal Stone". The proprietary concern is in the business of processing minerals. It is pointed out that the proprietary concern primarily deals in quarry works and dispensation/disintegration of minerals The proprietary concern undertook storage and transportation of the minerals illegally as alleged. It is the case of the prosecution that the applicants have committed the offence punishable under the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005. A raid was carried out by a flying Page 4 of 9 R/CR.MA/12375/2012 ORDER squad at the place in question, and the flying squad found 2348 metric ton of mineral dumped at the site. The minerals were seized by the flying squad.
4. It appears that at the end of the investigation, charge- sheet came to be filed only for the offence punishable under section 379 of the IPC. The date of the first information report is 30th December, 2010. Prior to the registration of the first information report, a development took place in the form of compounding of the offence under the provisions of section 23 of the Mines & Minerals (Development & Regulation) Act, 1957.
5. Mr. Raju, the learned senior counsel appearing for the applicants invited my attention to page 86 of the paper-book , Annexure-P, which is a letter addressed by the Assistant Geologist, Palanpur to the Government Pleader, Amirgadh, District: Banaskantha. The letter reads as under;
"No.AGP/Court Case/4841 Office of Assistant Geologist Mines & Minerals Department Palanpur Banaskantha District Date: 7.9.2011 To, The government Pleader, Amirgadh, District Banaskantha Sub: Criminal Case No.376/2011 pending before learned Judicial Magistrate First Class Court.
Complainant:- The State vs. (1)Madansingh Mohansingh owner of Truck No.GJ-18-U-7044
(2)Gangadan Prabhudan Gadhvi (Supervisor, Kamal Page 5 of 9 R/CR.MA/12375/2012 ORDER Stone) (3)Hanumantsingh J. Ranawat, Proprietor, Kamal Stone In reference to the subject noted above this is to state that, this office has on 24.12.2010 filed a complaint before the Amirgadh Police Station Crime Reg.
No.106/2010 registered on 30.12.2010. The said case is pending before the learned Judicial Magistrate, First Class Court as Criminal Case No.376/2011. In the said case Kamal Stone had illegally stocked/transported building stone and in this regard under section 23 of MMDR Act, 1957 settlement is accepted and Rs.4,40,194/- + rs. 25,000/- towards unauthorized transportation thus total Rs.4,65,194/- are paid on 06.08.2011. In this regard you are requested to appraise the honourable court."
6. Mr. RaJu also invited my attention to page-87 of the paper-book, which is a letter addressed by the District Magistrate, Banaskantha to the District Government Pleader, Banaskantha as regards dropping of the prosecution instituted against the applicants. The letter reads as under;
"No.D/MMG/2/Vashi/296/12 Office of District Magistrate Banaskantha Palanpur Date: 18.01.2012 To, District Government Pleader, Banaskantha Palanpur Sub: For withdrawing Criminal Case No.376/2011.
In reference to the subject noted above this is to state that, Assistant Geologist, Mines & Minerals Department, Palanpur has filed the complaint against Kamal Stone & Crusher, Chicken Vas, Taluka Amirgadh Proprietor Hanumantsingh J. Ranavat and other two persons on instructions by the Flying Squad, Gandhinagar the complaint was as Amirgadh Police Station, I.Crime Reg.Page 6 of 9
R/CR.MA/12375/2012 ORDER
No.106/2010 on 30.12.2010, having Criminal Case
No.376/2011. In the present case the value of mineral is recovered, therefore, with regard to the representation to withdraw the case the Additional Director (Appeal & Flying Squad) has vide his letter dated 13.12.2011 directed to take further action in view of the provisions of law. Thus, with regard to the above details and the representation by the applicant for withdrawing the case you are requested to send your opinion. The relevant documents in this case are forwarded herewith."
7. In the last, the attention of this Court was invited to page- 51 of the paper-book, Annexure-E to this application, which is an order passed by the Assistant Geologist dated 9th April, 2010, which reads as under;
"Regd. Post A.D. Collectorate, Mining Branch Palanpur, District Banaskantha Date: 9.4.2010 Perused:
(1) This office inquiry report/rojkam dated 23.10.2009 (2) This office letter dated 26.10.2009 (3) Seizure order dated 6.11.2009 (4) This office letter No.AGP/3725 dated 19.11.2009 As per the above Sr. No.(1) this office staff team had carried out measurements of the stocks of building stone lying at site at Mauje Chicken Vas, Taluka Amirgadh on survey No.112 Kamal Stone Crusher on 23.10.2009 by keeping the Proprietor Mr. Hanumantsingh J. Ranawat, Add. Mumbai present. As per this measurement total 2348 MT stocks were found present at site. The said stocks were seized as per Sr.(3) dated 6.11.2009.
As per Sr. (2) information was given to produce the authorized evidences of royalty paid towards the seized Page 7 of 9 R/CR.MA/12375/2012 ORDER stocks within 3 days, which were not produced by you thus Sr. (3) above notice was issued and informed you to produce within 7 days. Inspite of this you have not produced any authorized evidences.
On 16.11.2009 you have produced the evidence for 2334.50 MT, but you have not done the registration of Crusher Unit and as per the Gujarat Minerals Rules (Unauthorized Mining, excavations, transport, stock) 2005 Rule 3 and 8 without the authorized permission you cannot carry out excavations of minerals, transport and stock the same.
Thus, for the violation of the above Rules as per section 21(5) of MMDR Act, 1957 the value of the unauthorized stocks of minerals and administrative charges are required to be recovered from you. Accordingly:-
(1) Grit 509 MT x mineral value Rs.50/ per MT=Rs.76,350/-
(2) Kapchi 1128 MT x mineral value Rs.180/- per MT=Rs.2,03,040/-
(3) Mineral 557 MT x mineral value Rs.180/- per MT=99,180/-
(4) Rubble 160 MT x mineral value Rs.140/- per MT=Rs.22,400/-
Total of Sr. (1), (2), (3) and (4) Rs. 4,00,970/- 10 percent administrative charges Rs.40,097/-
TOTAL : Rs.4,40,194/-
ORDER
Thus, you have stocked building stone mineral stocks without permission at your Crusher Unit and as per the section 21(5) of Mines & Minerals (Development & Regulation) Act, 1957 Rs.4,40,194/- (rupees Four Lakhs forty thousand one hundred and ninety Four only) is hereby ordered to be recovered from you."
8. Having heard the learned counsel appearing for the parties and having considered the materials on record, I am of the view that as the authority concerned has compounded the Page 8 of 9 R/CR.MA/12375/2012 ORDER offence in terms of section 23 of the Mines & Minerals (Development & Regulation) Act, 1957 by accepting the amount of penalty to the tune of Rs.4,65,194/- way back on 6th August, 2011, no useful purpose would be now served by prosecuting the applicants herein for the offence punishable under section 379 of the IPC. It appears that even the District Magistrate, Banaskantha at Palanpur instructed the District Government Pleader, Banaskantha to withdraw the prosecution instituted against the applicants. It appears that till this date, no orders have been passed by the court concerned as regards withdrawal of the prosecution.
9. In the result, this application succeeds and is hereby allowed. The proceedings of the Criminal Case No.376 of 2011 in the court of the learned JMFC, Amirgadh, Banaskantha is hereby quashed. All consequential proceedings pursuant thereto stand terminated.
Direct service is permitted (J.B.PARDIWALA, J) Vahid Page 9 of 9