Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1957 Mines and Minerals (Development and Regulation) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Mines and Minerals (Development and Regulation) Act, 1957: Object and legislative intent behind enactment - Discussed.Illegal sand mining - Adverse impact of - Discussed.ss.21, 22 - Whether the provisions contained in ss.21, 22 and other sections of MMDR Act operate as bar against prosecution of a person who has been charged u/ss. 3791114 and other provisions of the /PC - Held: A close reading of the provisions of MMDR Act and the offence defined u/s.378, /PC shows that the ingredients constituting the offence are E different - The contravention of terms and conditions of mining lease or doing mining activity in violation of s.4 of the Act is an offence punishable uls.21 of the MMDR Act, whereas dishonestly removing __ §g_{ld, gravels and other minerals from the river, which is the property of the State, out F . of State's possession without the consent, constitute an offence of theft - Therefore, in a case where there is a theft of sand and gravels from the Government and, the police can register a case, investigate the same and submit a final report u/s. 173, Cr.P. C. before the Magistrate having jurisdiction for G ,(h~ ,purpose of taking cognizance as provided in s.190(1)(d), Cr.P. C. - Penal Code, 1860 - ss. 3791114 - Constitution of India, 1950 -Arts 48-A, 51-A - Doctrine of Public Trust. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2014 INSC 602 |
Petitioner | State Of Nct Of Delhi |
Respondent | Sanjay |
SCR | [2014] 9 S.C.R. 1063 |
Judgement Date | 2014-09-04 |
Case Number | 499 |
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