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13,36,70,320/- to the Government exchequer.

Cr.W.J.C. No. 505 of 2021 Awtar Nagar P.S. Case No. 261 of In this case altogether three K-

2021 registered under sections license spots were inspected. In 188, 420, 379 IPC read with Rules course of Inspection of the Stock 39(3) of the Bihar Mineral at the two K-License places sand (Concessions, Prevention of Illegal was found much less at different Mining, Transportation & Storage) sites which show that the license Rules 2019 holder has sold sand without Patna High Court CR. WJC No.299 of 2022 dt.04-11-2022 issuing prepaid E-Challan. Further at third place the same was found more than the report provided in the P.M.U. Report which shows that illegal mining has been done.

26. Section 23C confers power on the State Government to make rules for preventing illegal mining, transportation and storage of minerals. The State Government may, by notification in the Official Gazette, make rules for preventing illegal mining, transportation and storage of minerals and for the purposes connected therewith.

27. Section 23C has been inserted by way of Mines and Minerals (Regulation and Development) Amendment Act 1999 (Act 38 of 1999) w.e.f 18.12.1999. A careful perusal of Sections 15 and 23C would suggest that the State Government has power to make rules but it is restricted to: (i) making rules for grant of mining leases or other mineral concession in respect of minor minerals and for the connected purposes, and (ii) making rules for preventing illegal mining, transportation and storage of minerals and connected purposes. Prior to insertion of Section 23C in exercise of powers conferred by Section 15 of the MMDR Act, Governor of Bihar was pleased to make 1972 Rules. Rule 40 of 1972 Rules provides penalty for unauthorized extraction and removal of minor minerals. Rule 41 provided that no court inferior to that of Magistrate of First Class shall try any offence Patna High Court CR. WJC No.299 of 2022 dt.04-11-2022 punishable under these rules and no court shall take cognizance of any offence under these rules, except upon a complaint made in writing by the competent officer or the Deputy Director of Mines or Additional Director of Mines or Director of Mines or any other officer empowered by the Government. Sub-Rule (1) of Rule 26 provides for rent/royalty and assessment and according to Clause-

(ii) Whether in case of illegal mining/transportation of minor minerals, action by police for offence of theft under Section 378 IPC is impermissible in case of initiation of proceeding for commission of an offence under the MMDR Act ?
(iii) Whether in case of illegal mining/transportation of minor minerals, taking cognizance of offence by the Magistrate is permissible only on basis of written complaint by the Mining Officer/authorised officer ?"
32. The policy and object of the Mines and Minerals Act and Rules have a long history and are the result of an increasing awareness of the compelling need to restore the serious ecological imbalance and to stop the damages being caused to the nature. The Court cannot lose sight of the fact that adverse and destructive environmental impact of sand mining has been discussed in the UNEP Global Environmental Alert Service Report. As per the contents of the Report, lack of proper scientific methodology for river sand mining has led to indiscriminate sand mining, while weak governance and corruption have led to widespread illegal mining. While referring to the proposition in India, it was stated that sand trading is a lucrative business, and there is evidence of illegal trading such as the case of the influential mafias in our country."