DURAI @ DAYANITHI Vs. STATE

JUDGEMENT

(1.) The petitioner in Crl. O.P. (MD) Nos. 15602 and 15252 of 2012, accused in Crime No. 161 of 2012 on the file of the respondent, pray for the relief under Section 438 of Cr.P.C. They are alleged to have committed offences punishable under Sections 447, 379, 109, 116, 202, 406, 409 and 420 of IPC and Section 3(1) of TNPPDL Act, Section 4(1), 4(2)(A), 4(3) and 21(b)(v) of Mines and Minerals (Development and Regulation) Act, 1957, Section 4 of the Explosive Substances Act, 1908 and Sections 120(B), 447, 379, 109, 116, 119, 202, 406, 409 and 420 of IPC r/w. Section 3(1) of TNPPDL Act r/w. Section 4(1), 4(1)A, 21 and 23 of Mines and Minerals (Development and Regulation) Act, 1957, and Section 4 of the Explosive Substances Act, 1908. The petitioner in Crl. O.P. (MD) Nos. 15810 and 16025 of 2012 prays to call for all records and set aside the order passed in Cr. M.P. No. 5564 of 2012 dated 15.10.2012 on the file of the learned Judicial Magistrate, Melur, Madurai District.

(2.) More than 60 cases stand registered against 55 granite quarrying lease holders. In most of them the allegation is that they have violated conditions of lease and in doing so committed offences under the Mines and Mineral (Regulations and Development) Act, 1957, The Explosives Substances Act, Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 and under the IPC. While they have been granted lease in respect of particular areas they have encroached upon neighbouring lands such as those to be mined by Tamil Nadu Minerals Limited (TAMIN) and other public areas, tanks, channels, etc. They have illegally transported and exported granite so wrongfully obtained. The first case was registered on 04.08.2012. More than 250 persons involved in such wrong doing have been named till date. Pursuant to complaints received and prior to registration of cases, the District Collector, had ordered inspection by as many as 18 teams. It was found that the offending activities had been rampant for over a period of six or seven years. The loss occasioned to Government presently was assessed at Rs. 2000 Crores but estimated to be much more.

(3.) The offences have been committed by encroachment of areas not leased out to the offenders and through acting in collusion with 'raising contractors' of TAMIN. It is informed that raising contractors are persons who have been awarded contract towards excavating the mineral and are paid a fee on the quantum excavated by them. It is alleged that the raising contractors had not delivered the entire minerals excavated by them to TAMIN but handed over a larger portion thereof to the lessees, whose benamis they were. Explosive substances had been found housed in the toilet of one lessee. Investigation in this regard is in progress as also in relation to export of granite illegally obtained, the quantum whereof is to be ascertained. A comparison of the seigniorage fee paid by the lessees and their transport records with a calculation of the mineral that could have been excavated from the portion of leasehold lands in respect of which mining operations had been conducted revealed huge discrepancies.