DEVANANDH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petition challenges the final report in PRC No.15 of 2025, filed before the learned Judicial Magistrate, Usilampatti, Madurai, filed for the offence under Sec. 303 (2) of BNS r/w Sec. 21(v) of the Mines and Minerals (Development and Regulation) Act, 1957 [hereinafter referred to as 'the MMDR Act']

(2.) The gist of the allegations in the final report is that during a routine vehicle checkup on 30/1/2025 at about 5.00p.m., the respondents had intercepted a tipper lorry and during the search, they found out that the lorry was transporting three units of M-Sand without a transport permit and which have been excavated from the quarry run by the petitioner herein in the name of CDR Blue Metals. It is further the case of the prosecution that the 1st accused is the driver of the tipper lorry, the 2nd accused is the owner of the tipper lorry and the 3rd accused/petitioner, owned the quarry.

(3.) Mr.Sricharan Rangarajan, learned senior counsel appearing for the petitioner would submit that the fact that the petitioner is a licensed quarry proprietor and also a licensed stockyard holder, is not in dispute; that he would not be liable for transportation without valid transport permit, as he had not transported the same; that in any case, the petitioner cannot be accused of the offence under Sec. 303(2) of the BNS, corresponding to Sec. 379 of the IPC, as the M-Sand even according to the prosecution was taken from the petitioner's licensed quarry; and that the respondents have no jurisdiction to file a final report for the offence under Sec. 21(v) of the MMDR Act, as under Sec. 22 of the MMDR Act, no Court shall take cognizance of the said offence except on a complaint of an authorised officer.