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In all these Criminal Revision Cases, the State has challenged the orders passed by the learned Principal District and Sessions Judges, dismissing their applications filed for confiscation of the property seized during the course of investigation of the offences under the Mines and Minerals (Development & Regulation) Act, 1957 [hereinafter referred to as 'MM(DR) Act'].

15.Since the prosecution under Section 21(1) is commenced through a complaint by the authorised officer in terms of Section 190(1)(a) Cr.P.C, it is now necessary to examine the issue as to which is https://www.mhc.tn.gov.in/judis Crl.RC Nos.2020 of 2024 etc. batch the competent court before which the complaint ought to be laid for offences under the MMDR Act, 1957. The Full Bench in S. Kumar v District Collector (2023) 3 MLJ (Cri) 536 and K.K Ramakrishnan, J in Ramar v The State (Cr R.C MD 470 of 2023), have concluded that the complaint ought to be filed before the Special Court. Unfortunately, and with all due respect the decisions of the Supreme Court appear to state the opposite.”
(b)Section 21(4-A) expressly states that the Court competent to initiate confiscation proceedings and issue directions for the disposal of the seized material is the court competent to take cognizance of the offence under Section 21(1) of the Act;
(c)The Special Court constituted under Section 30-B of the MMDR Act, 1957 is invested with the powers of a Court of Session under https://www.mhc.tn.gov.in/judis Crl.RC Nos.2020 of 2024 etc. batch Section 30-C. Consequently, the Special Court being a Court of Session cannot directly take cognizance of an offence under the Act in view of the bar contained in Section 193 Cr.P.C and in the light of the law laid down in paragraph 38 of the decision in Pradeep S. Wodeyar v. State of Karnataka, (2021) 19 SCC 62;

14. Therefore, the impugned orders passed by the learned Sessions Judge, are in accordance with law and therefore, do not warrant any interference in the above revision. Hence, all the Criminal Revision Cases, stand dismissed, giving liberty to the petitioners to file https://www.mhc.tn.gov.in/judis Crl.RC Nos.2020 of 2024 etc. batch appropriate petition before the learned Magistrate concerned.