G H KANWAR PAL SINGH versus THE STATE OF UTTAR PRADESH AND ANOTHER

G H KANWAR PAL SINGH versus THE STATE OF UTTAR PRADESH AND ANOTHER

Section 22 of the Mines Regulation Act does not bar police from investigating and prosecuting for theft of minerals under Section 379 IPC, as offences under Section 21 of the Act and Section 379 of IPC are different. Cognizance of violation of Section 4 of the Act punishable under Section 21 is not valid without proper authorization, but prosecution under Section 379 IPC and Sections 3, 4 of the Prevention of Damage to Public Property Act is maintainable.

Parties
Appellant: Kanwar Pal Singh; Respondents: The State of Uttar Pradesh and Another
Jurisdiction
India
Judgment Date
18 December 2019
Procedural Posture
Criminal Appeal / Appeal From High Court Order Refusing to Quash Prosecution
Outcome
Appeal partly allowed
Legal Topics
Illegal Mining, Theft of Minerals, Cognizance of Offences, Authority for Prosecution, Special Versus General Statutes
Criminal Law Mining Law Property Law Illegal Mining Theft of Minerals Cognizance of Offences Authority for Prosecution Special Versus General Statutes

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Parties

Kanwar Pal Singh

Appellant

The State of Uttar Pradesh and Another

Respondents

Procedural Posture

Criminal Appeal / Appeal From High Court Order Refusing to Quash Prosecution

Legal Issues

  1. 1 Whether prosecution under Section 379 IPC for illegal mining is barred by Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957
  2. 2 Whether police may investigate and prosecute offences under Section 4, 21 of the Mines Regulation Act without authorization
  3. 3 Whether prosecution and cognizance under Section 21 read with Section 4 of the Mines Regulation Act is valid without proper authorization

Ratio Decidendi

Section 22 of the Mines Regulation Act does not bar police from investigating and prosecuting for theft of minerals under Section 379 IPC, as offences under Section 21 of the Act and Section 379 of IPC are different. Cognizance of violation of Section 4 of the Act punishable under Section 21 is not valid without proper authorization, but prosecution under Section 379 IPC and Sections 3, 4 of the Prevention of Damage to Public Property Act is maintainable.

Court Disposition

Appeal partly allowed

Orders

  • Prosecution and cognizance under Section 379 IPC and Sections 3 and 4 of the Prevention of Damage to Public Property Act upheld
  • Prosecution and cognizance under Section 21 read with Section 4 of the Mines Regulation Act not valid without authorization