C482/1290/2019
2023 Latest Caselaw 1677 UK

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                                  C482 No.1290 of 2019
                                  Hon'bleSharad Kumar Sharma, J.

Mr. Sandeep Kothari, Advocate, for the applicant.

Mr. Ranjan Ghildiyal, Brief Holder, for the State of Uttarakhand.

A very short issue, which is under consideration in the present C-482 Application is, that whether the respondents, who have registered an FIR against the present applicant, being FIR No. 62 of 2018 on 6th May, 2018, for the offence under Sections 379, 411, 120-B of the IPC and Section 4/21 of the Mines and Minerals (Regulation and Development) Act, could at all proceed under General Criminal Law.

The allegations in the FIR was, that the applicant was found to be carrying the RBM in excess to the loading capacity of the vehicle, which was apprehended by respondents, and he was challaned for his aforesaid offence for carrying excess RBM, due to which, Sections 379, 411, 120-B of the IPC and Section 4/21 of the Mines and Minerals Act was attracted.

This issue came up for consideration before this Court in Criminal Misc. Case No. 1240 of 2021, Narendra Pal and another Vs. State of Uttarakhand and others, in which, this Court while dealing with the provisions contained under the Miners and Mineral (Regulation and Development) Act, 1957, has drawn an opinion, that since once the Act itself contains the provisions of imposition of penalty as contemplated under Section 21, and it further provided that the cognizance of the offences, which could be taken under Section 22 of the Act of 1957, the Court has drawn an opinion, that once the Special Act itself has got a self contained penal provisions, the General Law of Indian Penal Code will not be attracted.

The said judgment was rendered on 7th November, 2022, and it has been informed by the learned counsel for the parties, that they have no information so far, as to whether same has been put to challenge before the Hon'ble Apex Court or not.

In that eventuality, this C-482 Application would too stand allowed under the same terms and conditions as contained under the judgment of 7th November, 2022, reserving the right of the respondents to proceed under Section 27 of the Act of 1957, in accordance with law.

(Sharad Kumar Sharma, J.) Dated 19.06.2023 Shiv