The Honorable Full Bench of Madaras High Court consisting of Justice G.R.Swaminathan, Justice M.Dhandapanai and Justice K.MuaraliShankar have held that the police personnel are entitled to seize vehicle, tool or mineral involved in illicit mining under Section 21(4) of the Mines and Minerals Development Regulation Act
[6/13, 20:18] sekarreporter1: The Honorable Full Bench of Madaras High Court consisting of Justice G.R.Swaminathan, Justice M.Dhandapanai and Justice K.MuaraliShankar have held that the police personnel are entitled to seize vehicle, tool or mineral involved in illicit mining under Section 21(4) of the Mines and Minerals Development Regulation Act Andre Government order issued by the State empowering the police personnel to exercise power of seizure does not suffer from vice of any illegality. (b) Police personnel who fall with in the meaning of the ‘person authorized” is competent to exercise power of compounding of offence under Section 23-A of MMDR Act in respect of Special Offence under Section 21 of the Act alone. (c) Full Bench suggested to Government to amend Rule 36-A for obtaining expert opinion of the Director of Geology and Mines prior to passing any orders compounding the offence. (c) The Officer empowered to exercise power of seizure is entitled to file private complaint under Section 22 of the Act (d)Time frame fixed for filling of charge sheet and for filling of private complaint before the Special Court. (d) Special Court has no power of compounding of offences under Section 23-A of MMRD Act (f) Direction issued to conduct joint trial of IPC Offences and Offences under MMRD Act by the Special Court to ensure speedy trial.
*Amicus Curiae* : _B.Vijay, Advocate, Mr.N.Ananthapadmanabhan, SC_. For Petitioner Mr.Vallinayagam, Senior Counsel: Mr. Veerakathiravan, AAG for State.
[6/13, 20:22] sekarreporter1: super
[6/13, 20:22] sekarreporter1: 💐💐
Andre
Government order issued by the State empowering the police personnel to exercise power of seizure does not suffer from vice of any illegality. (b) Police personnel who fall with in the meaning of the ‘person authorized” is competent to exercise power of compounding of offence under Section 23-A of MMDR Act in respect of Special Offence under Section 21 of the Act alone. (c) Full Bench suggested to Government to amend Rule 36-A for obtaining expert opinion of the Director of Geology and Mines prior to passing any orders compounding the offence. (c) The Officer empowered to exercise power of seizure is entitled to file private complaint under Section 22 of the Act (d)Time frame fixed for filling of charge sheet and for filling of private complaint before the Special Court. (d) Special Court has no power of compounding of offences under Section 23-A of MMRD Act (f) Direction issued to conduct joint trial of IPC Offences and Offences under MMRD Act by the Special Court to ensure speedy trial.
