A first, illegal miners, tippers booked for trespass, theft

Tribune News Service

Dharamsala, February 21

Kangra police have now invoked Sections 379 (theft of government property) and 447 (trespassing) of the IPC against those resorting to illegal mining with JCB machines and tippers in the district. It is for the first time that such provisions are being invoked against those resorting to illegal mining in the state.

Sources here said Kangra SP Sanjeev Gandhi had issued an order that in case any JCB machine or tipper was found mining outside its leased area a case of theft of government property and trespassing should be registered against the accused. Earlier, cases of illegal mining were registered under the Mines and Mineral Act.

When contacted the SP said cases were registered under the Mines and Minerals Act in which the accused used to get away after paying a fine of just about Rs 25,000. The police under the government and court orders was putting in a lot of efforts to catch illegal miners, but these not acting as a deterrent to habitual offenders.

“Now we are filing cases of theft and trespassing against those stealing minerals from government land. Under the theft and trespassing cases, the accused have to go to court for bail and get their confiscated machinery released. I hope police action will deter those resorting to indiscriminate illegal mining in Kangra district,” he said.

Meanwhile, the state government was also contemplating tougher laws for containing illegal mining that was rampant in border areas of Kangra and Una districts. An indication to this effect was given by CM Virbhadra Singh during his winter sojourn in Kangra district last month.

The Kangra police had been demanding tougher laws to check illegal mining. They had carried out a campaign against illegal mining along border areas of the district along Pathankot district of Punjab. Under this campaign, a lot of JCB machines and tippers being used in illegal mining were confiscated.

Under the existing mines and minerals Act of Himachal, vehicles and machines engaged in illegal mining can be released after paying a fine prescribed under the Act. Under the present laws, the confiscated JCB machines and tippers are released after a fine of Rs 25,000.