MUSTAFA ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal misc. petition has been filed for quashing the entire criminal proceeding including the order taking cognizance dtd. 8/3/2022 passed in Complain Case (OCR) No. 979 of 2021 whereby and where under, learned Court below has taken cognizance for the offence under Ss. 30(c), 33(b,c) of Indian Forest Act, Ss. 379, 413, 414 of the Indian Penal Code, Sec. 21(5) of Mines and Minerals Development and Regulation Act, 1957, Sec. 13 of Jharkhand (Prevention and Illegal Mining, Storage and Transportation) Rules, 2017, Sec. 37 of Air (Prevention and Control of Pollution) Act, 1981, Sec. 44 of Water (Prevention and Control of Pollution) Act, 1974 and Sec. 9-B of the Explosive Act (Bihar Amendment) Act, 1989.

(2.) The prosecution case, in brief, as set out in the complaint case by the Forest Range Officer, is that on a definite information of illegal mining operation and transportation of coal from the notified forest area Litiya Pahar, a team was constituted and raid was conducted in which 03 tons of coal was seized in illegal mining operation and due to this excavation of coal, 02 hectare of forest land had been found to have been damaged.

(3.) The order taking cognizance has been assailed on the ground that in view of the special provision under the Indian Forest Act, JPIMSTR, MMDR, Air (Prevention and Control of Pollution) Act and Water (Prevention and Control of Pollution) Act and Explosive Act and Ss. 379, 411 of the Indian Penal Code are not at all attracted.