MANISH KHEMKA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application had been filed under Article 226 of the Constitution of India for quashing the first information report of Jagarnathpur P.S. Case No. 36 of 2008 (G.R. No. 202 of 2008), instituted under Sections 379, 420 of the Indian Penal Code and also under Section 8/9 of the Jharkhand Mineral Dealer's Rules, 2007 read with The Mines and Minerals (Development And Regulation) Act, 1957.

(2.) The case of the prosecution is that one Raghav Nandan Prasad, District Mining Officer, Chaibasa on receiving information relating to illegal storage of iron ores came alongwith other Mining Officials at Mauza­ Karanjia and found iron ore fines/blue dust stored at several places over Hatgamharia­Jaitgarh Road. On inquiry, it could be known that iron ores taken from the mines situated in the State of Orissa was meant to be transported to Haldia Port still it was stored at Mauza Karanjia which under the Challans was not permissible and, thereby, transporters including the petitioner at whose instance iron ores had been stored have been alleged to have committed offence under sections 8 and 9 of the Jharkhand Mineral Dealer's Rules, 2007 read with Mines and Minerals (Development and Regulation) Act and that apart, they have also been alleged to have committed offence under Sections 379 and 420 of the Indian Penal Code.

(3.) Institution of the said case was challenged on the ground that Jharkhand Mineral Dealer's Rules, 2007 was framed by the State of Jharkhand in exercise of power conferred by Section 23 (C)(1) of the Mines and Minerals (Development and Regulation) Act, 1957, in order to regulate mining, transportation and storage of minerals and minerals products and further Rules 3 and 6 prohibit any person from engaging himself in any transaction of buying and selling any minerals without being registered and from transporting any minerals without obtaining transport Challans, contravention of which is punishable under Rule 8 and, thereby, the allegations upon which the case was lodged, do fall within the purview of special legislation namely Jharkhand Mineral Dealer's Rules, 2007 and the Mines and Minerals (Development and Regulation) Act, 1957, the cognizance of which offence can be taken by the Court under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 only upon a complaint in writing made by a person authorized in this behalf by the Central Government or the State Government and, therefore, any prosecution initiated on the basis of the first information report would be quite illegal and, thereby, the first information report is fit to be quashed.