SANTOSH KUMAR SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) By this petition under Article 226/227 of the Constitution of India, the petitioner has challenged the order dated 24/6/2006 (Annexure P/1) passed by the Collector (Mining) District Shahdol in Case No. 66/B-121/2005-06, directing the petitioner to deposit compounding fees of Rs. 75,000/-in the Government Treasury and ordering for confiscation of the seized coal.

(2.) Briefly stated on 24.5.2006, the petitioner was found illegally transporting the coal in a truck bearing registration M.P. 18/6274 which was checked by the police authorities of Budhar. On receipt of the report (Annexure R-1) from S.H.O. Police Station, Budhar the Mining Officer, Shahdol issued a notice dated 25.5.2006 (Annexure R2) to the petitioner to show cause as to why penal action be not initiated against him under Section 21 of The Mines and Minerals (Development and Regulation) Act, 1957 (for short 'the Act') for an offence committed by him under Section 4(1A) of the Act.

(3.) On receipt of the said show cause notice the petitioner submitted his reply on 26.5.2006. On 5.6.2006 he filed an application (Annexure R-3) before the Collector (Mining), Shahdol seeking compounding of the offence under Section 23A of the Act.