In WP(C) NO. 40240 OF 2022-KER HC- Only if vehicle or receptacle is found carrying minerals without Mineral Transit Passes, then offence can be made out: Kerala HC 
Justice N.Nagaresh [26-12-2022]

 Read Order: RAGHUNATHAN V.P AND ORS v. THE SUB INSPECTOR OF POLICE AND ORS 

Mansimran Kaur

Ernakulam, January 3, 2023: In a case pertaining to the Mines and Minerals (Development and Regulation) Act, 1957 &  Kerala Minor Mineral Concession Rules, 2015, the Kerala High Court has opined that mere presence of vehicles in quarry by itself cannot constitute an offence.

The Single-Judge Bench of Justice N. Nagaresh allowed the present petition by observing that Mahazar in the instant case did not indicate that those Lorries were loaded or being loaded with laterite stone for illegal transportation. 

The petitioners, who are owners of Tipper Lorries, were aggrieved by the illegal seizure of their Lorries by the respondent.

The petitioners were owners of Tipper Lorries. On December 1, 2022, the vehicles were seized by the respondent on an allegation that they were used for transportation of laterite stone without any valid pass. The petitioners stated that the vehicles were empty when the seizure was made. According to the petitioners, the vehicles were not used for violating any of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 or the Kerala Minor Mineral Concession Rules, 2015. The seizure was therefore illegal.

The Senior Government Pleader entered appearance and resisted the writ petition on behalf of the respondent. The Senior Government Pleader submitted that four vehicles were seized by the respondent as they were found involved in illegal transportation of laterite stones. The vehicles did not carry any Mineral Transit Passes. Two of the Lorries bearing were found loaded with laterite, whereas the two Lorries owned by the petitioners were found empty.

 Illegal excavation and transportation were going on when the vehicles were seized. Apart from the vehicles, Tiller Machines were also there, which were used for the illegal excavation and transportation. As the vehicles were found in a place where the illegal excavation and transportation on a large scale were going on, it is obvious that the vehicles of the petitioners were there to be part of the illegal activities. The petitioners were  therefore liable to approach the competent jurisdictional Magistrate to get custody of the vehicles. No orders need be passed by this Court in exercise of the discretionary jurisdiction under Article 226 of the Constitution of India, contended the Senior Government Pleader.

After considering the submissions, the Court noted that  Mahazar did  not indicate that those lorries were loaded or being loaded with laterite stone for illegal transportation. 

The Bench said, “Mere presence of vehicles in a quarry by itself cannot constitute an offence. Only if a vehicle or a receptacle is found carrying minerals without Mineral Transit Passes, an offence can be made out. In the circumstances of the case, the seizure of the vehicles of the petitioners which were not found carrying or transporting illicit minerals is illegal.”

In view of such observations, the writ petition was allowed.