BALACHANDRAN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner is the accused in C.C.No. 593 of 2003 pending before the J.F.C.M., Sasthamcotta. Cognizance has been taken of the offence punishable under Section 4 r/w. 21(1) of the Mining and Minerals Act. The petitioner has come to this Court with the short contention that the S.I. of Police, who conducted the investigation and filed the final report, does not have the requisite legal competence under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957.

(2.) Report of the learned Magistrate was called for. The learned Public Prosecutor was directed to advance arguments. The learned Public Prosecutor has brought to the notice of the Court the Notification in S.R.O. No. 872/91 dt. 23.6.1991 under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 and the said notification very clearly shows that the police officers of and above the rank of S.I. of Police are duly authorised under Section 22 of the said Act to act within their respective area of jurisdiction. No other contentions are raised. In view of the very clear stipulations in the Notification, this Crl.M.C. cannot succeed.

(3.) This Crl.M.C. is accordingly dismissed.