SHYBI.C.J Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 30th day of March, 2021 Petitioner is aggrieved by the fourth respondent's failure to take action on Ext.P5 complaint. The allegation in the complaint is that the accused, in the guise of conducting a granite, quarry and crusher unit in the name and style "M/s.Four Star Granites Ltd", is extracting granite far in excess of the permitted quantity and is thereby committing theft, which is an offence punishable under Section 379 of the IPC.

(2.) Sri.Dheeraj Rajan, learned Counsel for the petitioner relied on the decision of the Apex Court in Jayant v. State of Madhya Pradesh (judgment in Criminal Appeal Nos.824-825 of 2020) in support of his contention that, illegal extraction/exploitation of natural resources will amount to theft, punishable under Section 379 of IPC. Particular emphasis was laid on paragraphs 11 and 13 of the judgment, which are extracted hereunder:

(3.) Attention was also invited to the decision in Kanwar Pal Singh v. State of Uttar Pradesh [Laws SC 2019 1280]. Therein, after referring to the public trust doctrine, the Apex Court rejected the contention that, sand being an immovable property as per Section 3(26) of the General Clauses Act, its excavation will not constitute the offence of theft. It was held that, on being excavated, sand loses its attachment to the earth, ergo, it becomes movable property or goods capable of being stolen.