- (1.) This appeal under Section 21(4) of the National Investigation Agency Act, 2008, has been filed by appellant Jagdish Singh challenging order dated 21.01.2016 passed by learned Sessions Judge, Jaipur Metropolitan, Jaipur, by which his application for grant of bail under Section 439 of the Code of Criminal Procedure (for short, 'the Cr.P.C.'), has been rejected.
(2.) Accused-appellant was arrested in connection with investigation of F.I.R. No. 10/2015 registered against him and certain other accused on 30.12.2015 with Police Station C.I.D., Jaipur, for offence under Section 14/24 of the Atomic Energy Act, 1962, Section 379 of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act, 1984 (for short, 'the PDPP Act'). The F.I.R. was registered on the basis of a complaint submitted by Mr. Rama Kant Purohit, Regional Director of Atomic Minerals Directorate for Exploration and Research, Department of Atomic Energy, Jaipur. Allegation against appellant is that he was found in possession of large quantity of beryl ore, which, according to the Notification dated 18.01.2006 issued by the Atomic Energy Department, Mumbai, under Clauses (f) and (g) of sub-Section (1) of Section 2 and Section 3 of the Atomic Energy Act, 1962, in supersession of earlier Notification dated 15.03.1995 published in the Gazette Extra Ordinary dated 20.01.2006, is a 'Prescribed Substance'. His act, therefore, constituted an offence under Section 14 of the Atomic Energy Act, 1962 (for short, 'the Act of 1962').
(3.) Mr. Pradeep Chaudhary, learned counsel for appellant has argued that beryl was not included in originally notified list of Prescribed Substances provided under Section 2(1)(g) of the Act of 1962. It was for the first time that the Government of India in its Atomic Energy Department, vide Notification dated 18.01.2006, included the beryl in the list of Prescribed Substances , in which separate designated category OA3 is provided for non nuclear Other Materials . As per category OA304 thereunder, beryl in the form of emerald and aquamarine is exempted from the category of Prescribed Substances . It is argued that beryl is a mineral, which is found in abundance in the State of Rajasthan in its Ajmer and Bhilwara districts, where large number of mines are allotted for mining of quartz or feldspar. In these mines, beryl is not found separately but it is found chipped with quartz or feldspar. Therefore, it is an incidental mineral, which is found in the mines of Quartz and Feldspar. Since it affects the purity of quartz and feldspar, it is separated by the mine owners and grinding plant owners, manually by employing labours. Beryl is most commonly used world wide in jewellery industry for making ornamental jewellery. The famous stones, like green emerald, aquamarine, goshenite, heliodor and morganite etc., which are used for making jewellery, belong to the beryl family only.;