Illegal mining playing havoc with environment, says Punjab and Haryana High Court

Tribune News Service

Chandigarh, December 3

The Punjab and Haryana High Court has asserted that illegal mining is playing havoc with the environment. As such, an accused seeking anticipatory bail cannot be shown sympathy. Custodial interrogation is necessary to find out the names of the co-accused.

Custodial interrogation necessary

The seriousness of the allegations certainly do not entitle an accused to the grant of anticipatory bail. Even otherwise, his custodial interrogation is necessary to find out the names of his co-accused, particularly the driver of the tipper. Justice Jasjit Singh Bedi

The assertion by Justice Jasjit Singh Bedi of the High Court came on a petition for the grant of anticipatory bail by two accused in a case registered on September 11 under the provisions of the Mines and Minerals (Development and Regulation) Act registered at the Sadar police station in Hoshiarpur district.

The FIR was registered on a complaint of JE-cum-Mining Inspector Manpreet Singh. He had alleged that a tipper was seen carrying earth. On seeing a government vehicle, the driver fled away. A construction company, through its officer, was asked to join the investigation. It was stated by the company that the tipper had not been authorised to carry material from the site closed for a week. As such, it was clear that the earth was being brought in the tipper by its driver illegally, who ran away fearing apprehension.

Justice Bedi asserted that the petitioners’ case was that they were authorised to carry the earth. Referring to certain “weighment slips”, it was contended that the petitioners had been authorised in the same manner earlier as well. As such, it could not be held that one of the slips was forged. However, the contention of the accused could not be accepted. The construction company’s proprietor had stated that the tipper owner had not been issued the requisite form. In fact, the digging of the earth at the site had been stopped a week back. Based on the statement, the offences for forgery, etc were added to the FIR.

“It is also to be noted that one of the petitioners is a habitual offender with another FIR for having committed the same offence. Illegal mining is playing havoc with the environment. Therefore, the petitioner cannot be shown any sympathy. The seriousness of the allegations certainly do not entitle him to the grant of anticipatory bail. Even otherwise, his custodial interrogation is necessary to find out the names of his co-accused, particularly the driver of the tipper,” Justice Bedi added, while dismissing the plea with regard to him.

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.

Join Whatsapp Channel of The Tribune for latest updates.