UDHAYAKUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition had been filed against the order dtd. 25/9/2020 passed by the learned District and Sessions Judge, Nagapattinam, Nagapattinam District in Crl.MP.No.2491 of 2020 , by the said order, the Trial Court dismissed the petition filed by the Revision Petitioner seeking return of property.

(2.) It is seen that in majority of the cases, either the case has been registered by the respondent Police based on the complaint given by the Revenue Authorities or by the officials of the Mines and Minerals Department, the case properties/vehicles are taken into custody. After registration of FIR, despite specific order of the Division Bench of the Madurai Bench of Madras High Court in Review Applications (MD) Nos.80 to 82 of 2019 in W.P(MD).No.19936 of 2017, 7595 and 21485 of 2018 that the Police as well the authorized officers are directed to inform the registration of the case to each other within a week, the same is followed in breach. Due to which, there have been no complaint filed as per Sec. 22 of the Mines and Minerals (Development and Regulation) Act, 1957. The prosecution under the Indian Penal Code and the Mines and Minerals (Development and Regulation) Act, 1957 are distinct as held by the Hon'ble Apex Court in the case of "State (NCT of Delhi) Versus Sanjay reported in (2014) 9 Supreme Court Cases 772", which has been reiterated by the Division Bench of this Court and gave various guidelines that the complaint by the authorized person to be made immediately not later than one week from the date of seizure. Both the complaint registered by the Police and the complaint of the authorized person to be tried by the same Court. As per Sec. 30 (B), the Special Courts have come in place.

(3.) In most of the cases, FIR's are filed before the Magistrate Court in which charge sheet are yet to be filed and committed to the Special Court. The authorized person have not initiated any complaint. It is seen that the authorized persons, who lodged complaint to the jurisdictional Police have not filed any complaint under Mines and Minerals Act. This is in clear violation of the directions of this Court.