CHARANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 438 Cr. P.C. for directing the Arresting/Investigating Officer to release the petitioner on bail in the event of his arrest in case FIR No. 23 dated 08.04.2013 under Sections 379 IPC and 21 -A of the Mining Act, registered at P.S. Valtoha, District Tarn Taran. In this case, FIR has been registered on the basis of application filed by Mining -cum -Block Development Officer, Valtoha to the SHO. As per the averments in the FIR, sand is being excavated illegally from the land situated in village Jodh Singh Wala and Bahadur Nagar with the help of Government Department. It is written in the application that name of the owners were obtained which also included the name of the petitioner and it is requested that action be taken. The FIR was registered under Section 379 IPC and 21 -A of the Mining Act. At the time of arguments, learned counsel for both the parties stated that this case falls under Section 21 Clause 1 and 1(a) of the Mines and Minerals (Development and Regulations) Act, 1957. At the time of argument, learned Asstt. Advocate General, Punjab admitted that nothing has been recovered from the petitioner nor he was found excavating the minerals nor transporting the same.

(2.) AS per judgment passed in case Sanjay vs. State, 2010 (6) RCR (Crl.) 2989, the offence under Section 379 IPC etc. cannot be added along with Section 21 of the Mines and Minerals (Development and Regulations) Act, 1957. Otherwise also, there is no complaint by the owners of the land or by the State Government to make out offence under Section 379 IPC. Rather, in the FIR, it is stated that they had been excavating in connivance with the Government Department. At this stage, keeping in view the facts and circumstances of the present case, this petition is accepted. The petitioner is admitted to anticipatory bail and it is ordered that if he is arrested, then Arresting Officer shall release him on bail to his satisfaction, subject to the conditions as laid down under Section 438(2) Cr. P.C.