In State of NCT of Delhi Vs. Sanjay, Cr. Appeal No.499 of 2011, the Honourable Supreme Court, while deciding bunch of criminal appeals involving similar question on dated 04.09.2014, has held that the Court of competent jurisidiction of the Magistrate is competent to take cognizance of the offence of theft and having found in possession of illegally extracted Sand along with the offence punishable under the Mines and Minerals Act. The Court also held that the Police is also competent to register the FIR agianst the persons committing theft of the Sand and being found in possession thereof under the relevant provisions of IPC along with provisions of Mines & Minerals Act. The Court held that in a case where there is a theft of Sand and gravels from the Government land, the polcie can register a case, investigate the same and submit a final report under section 173 Cr.P.C. before a Magistrate having jurisdiction for the purpose of taking cognizance as provided in section 190(1)(d) of the Code of Criminal Procedure. Therefore, now the Courts of Judicial Magistrates are competent to frame charges against the persons found in possession of sand and gravels illegally extracted from the Government land, under sections 379 and 411 of IPC along with the offence punishable under section 21 of Mines & Minerals Act.
Posted on: Sat, 11 Oct 2014 06:24:46 +0000