STATE Vs. KANAGARAJ

JUDGEMENT

(1.) In all these Criminal Revision Cases, the State has challenged the orders passed by the learned Principal District and Sessions Judges, dismissing their applications filed for confiscation of the property seized during the course of investigation of the offences under the Mines and Minerals (Development & Regulation) Act, 1957 [hereinafter referred to as 'MM(DR) Act'].

(2.) The investigating officer had filed the applications by relying upon the observations made by the Full Bench of this Court in S.Kumar V. District Collector, reported in (2023) 3 MLJ (Crl.) 536, wherein the Full Bench held that power to confiscate can be exercised by the Special Court under the MM(DR) Act.

(3.) The learned Sessions Judge, dismissed the said applications stating that it is the Magistrate, who is empowered to take cognizance of the offence and hence the competent authority to confiscate as per Sec. 21(4A) of the MM(DR) Act. The learned Judge, dismissed the applications as not maintainable, by relying upon the judgment of this Court in Annadurai v. The Inspector of Police, Kurisilapet Police Station, Thirupathur District [Crl.O.P.Nos.646 of 2024 etc., batch decided on 29/1/2024], wherein this Court had held that it is the Magistrate who is empowered to initiate confiscation proceedings.