VISHWANATH REDDY A.E Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the leaned Additional State Public Prosecutor.

(2.) THE petition coming on for admission is considered for final disposal having regard to the facts and circumstances. In that, the present petition is squarely covered by several decisions of this court, where a consistent view has been taken that for offences punishable under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 (Hereinafter referred to as the 'MMDR Act', for brevity) and the Karnataka Minor Mineral Concession Rules, 1994 (hereinafter referred to as the 'KMMC Rules', for brevity), the provisions of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC', for brevity) being invoked, is impermissible, as the provisions of the MMRD Act and KMMC Rules are self contained and the procedure prescribed is distinct.

(3.) THE learned Counsel for the petitioner places reliance on an earlier decision of this court and would point out that since the sand is a minor mineral and any such illegal transportation would be a violation of the relevant Rule, under the KMMC Rules, the provisions of the IPC being invoked against the petitioner, is impermissible. In terms of the MMDR Act and the KMMC Rules, no court shall take cognizance of any such complaint pertaining to violation of the MMDR Act and the KMMC Rules, except on a complaint in writing by a person authorised in this behalf by the Central Government or State Government. Further, any contravention of the provisions of the MMDR Act and the KMMC Rules, would not be punishable under the provisions of the IPC. It can, at best, be one for an offence for violation of the provisions of the MMDR Act and the KMMC Rules and therefore, the complaint cannot be sustained.