ADITYA MULTICOM PRIVATE LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) A batch of 28 writ petitions were taken up together on 28/9/2022 for consideration with the consent of learned counsel for the petitioners, State and the Department of Mines. Earlier, on 5/9/2022 Cr.W.J.C. No. 501 of 2021 was heard and judgment was reserved. Later on, considering that all the cases including Cr.W.J.C. No. 501 of 2021 are raising similar issues, this Court heard learned counsel for the parties in all the cases once again on 2/11/2022.

(2.) These writ petitions question the lodging of the FIRs under Sec. 379, and other provisions of the Indian Penal Code (hereinafter referred to as the 'IPC') as also for the alleged violation of Rule 11, 29(c), 36(3) and 56 and other Rules of the Bihar (Concessions, Prevention of illegal Mining, Transportation and Storage) Rules, 2019 (hereinafter referred to as the 'Rules of 2019') and Sec. 27 of the Minor Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the 'MMDR Act, 1957'). The FIRs challenged in each of the writ petitions are mentioned hereinbelow in tabular chart with the allegations levelled in each of the FIRs:-

(3.) The basic contention on behalf of the petitioners is that for the offences alleged under the MMDR Act and the Rules of 2019 an FIR under the penal provisions of I.P.C. cannot be registered. And that the MMDR Act and the Rules made thereunder are in the nature of Special Statutes, therefore, the violation of the provisions of the MMDR Act and the Rules of 2019 are to be dealt only in accordance with the mechanism provided thereunder. Learned Senior Counsel for the petitioners submits that the primary allegation against the petitioners is that of excavation beyond the Environment Clearance ( in short E.C.) permitted area and transportation of sand without issuance of etransit challan. According to him, these allegations would be specifically covered under Rule 56(1) of the Rules of 2019 and the same shall be punishable under Sec. 56(2) of the same rules but for this violation a case under Ss. 379, 411, 406 or 420 IPC cannot be registered.