Sarbjit Singh Alias Sarabjit Singh Alias Sabha And Others vs State Of Punjab And Others
- Court
- Punjab and Haryana High Court
CRM-M-11195-2025 (O&M)
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
238
CRM-M-11195-2025 (O&M)
Date of decision: 11.11.2026
SARBJIT SINGH ALIAS SARABJIT SINGH ALIAS SABHA AND OTHERS
....Petitioners
Versus
STATE OF PUNJAB AND OTHERS ...Respondents
CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR
Present : Mr. Sanjeev Sharma, Sr. Advocate with
Mr. Jugansh Goyal, Advocate,
Mr. Gaurav Pathania, Advocate and
Mr. Vikram Vir Sharda, Advocate for the petitioner.
Mr. Baljinder Singh Sra, Addl. AG, Punjab.
YASHVIR SINGH RATHOR. J.(Oral)
1. The present case has been filed under Section 528 of BNSS for
quashing of FIR No.28 dated 12.06.2023 (Annexure P-1) registered under Section
21(1) of Mines and Minerals (Development and Regulation) Act, 1957, registered
at Police Station Narot Jaimal Singh, District Pathankot and all other subsequent
proceedings arising thereof.
2. Notice of motion.
3. Mr. Baljinder Singh Sra, Addl. AG, Punjab, accepts notice and
replies dated 24.10.2025, 26.10.2025 and 13.04.2026 have been filed on behalf of
respondent-State in the Registry and the same are taken on record.
4. I have heard learned counsel for the parties and have gone through
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CRM-M-11195-2025 (O&M)
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the material placed on the file.
5. Brief facts of the prosecution case are that on 12.06.2023 at about
6:15 PM, Sub Divisional/Mandal Officer, Chakki Satnam Singh was informed
telephonically that mining was taking place at Zamidara Stone Crusher village
Sehuti Taraf Narot, on which the Sub Divisional/Mandal Officer and Sagamdeep
Singh, Junior Engineer, Mining Inspector, Kathua reached the spot, where ASI
Pawan Kumar alongwith other police officials had already seized one poclaine
machine (Chain Excavator Model) which was being driven by its driver namely
Mintu Kumar. Besides this, one tipper make TATA driven by Rajesh Kumar has
also been taken into possession. It was alleged that the stone crusher is owned by
Sarabjit Singh @ Saba, who was getting the mining done at the spot who had also
been apprehended at the spot itself. Spot was inspected and illegal mining was
found to have been done as there were fresh signs of mining and a complaint was
sent to the police for taking action against the culprits under Section 21(1) of
Mines and Minerals Act (Development and Regulation) Act, 1957 ( hereinafter
referred to as Act ). On the basis of said complaint, a formal FIR was registered.
Matter was investigated and accused were arrested and after completion of
investigation, final report was presented in the Court for trial.
6. Learned counsel for the petitioners contended that FIR in question
had been registered for the offence under Section 21(1) of the Act. However,
Section 22 of the Act bars the Court from taking cognizance of the said offence,
except upon a complaint in writing made by a person authorised in this behalf by
the Central Government or the State Government. Learned counsel next contended
that no complaint has been instituted by any person authorized in this behalf by
AMANDEEP GOSAIN
2026.11.13 17:07
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order/judgment
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the Central Government or State Government and as such, no cognizance can be
taken by the Court on the basis of final report submitted under Section 173 Cr.P.C
and the FIR as well as the consequential proceedings are thus liable to be quashed.
7. On the other hand, learned State counsel has argued that the offence
in question is cognizable as it prescribes punishment upto 05 years and after
registration of FIR, the police is competent to investigate and to furnish the final
report and sought dismissal of the petition.
8. Before proceeding further, Sections 21 and 22 of the Act, are
reproduced as under:-
21. Penalties ― (1) Whoever contravenes the provisions of
subsection (1) or sub-section (1A) of section 4 shall be punishable
with imprisonment for a term which may extend to five years and with
fine which may extend to five lakh rupees per hectare of the area.
(2) Any rule made under any provision of this Act may provide that
any contravention thereof shall be punishable with imprisonment for
a term which may extend to two years or with fine which may extend
to five lakh rupees, or with both, and in the case of a continuing
contravention, with additional fine which may extend to fifty
thousand rupees for every day during which such contravention
continues after conviction for the first such contravention.
(3) Where any person trespasses into any land in contravention of the
provisions of subsection (1) of section 4, such trespasser may be
served with an order of eviction by the State Government or any
authority authorized in this behalf by that Government and the State
Government or such authorized authority may, if necessary, obtain
the help of the police to evict the trespasser from the land.
(4) Whenever any person raises, transports or causes to be raised or
transported, without any lawful authority, any mineral from any land,
and, for that purpose, uses any tool, equipment, vehicle or any other
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thing, such mineral tool, equipment, vehicle or any other thing shall
be liable to be seized by an officer or authority specially empowered
in this behalf.
(4A) Any mineral, tool, equipment, vehicle or any other thing seized
under sub-section (4), shall be liable to be confiscated by an order of
the court competent to take cognizance of the offence under sub-
section (1) and shall be disposed of in accordance with the directions
of such court.
(5) Whenever any person raises, without any lawful authority, any
mineral from any land, the State Government may recover from such person the
mineral so raised, or, where such mineral has already been disposed of, the price
thereof, and may also recover from such person, rent, royalty or tax, as the case
may be, for the period during which the land was occupied by such person
without any lawful authority.
(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973
(2 of 1974), an offence under sub-section (1) shall be cognizable.
Explanation – On and from the date of commencement of the Mines and Minerals
(Development and Regulation) Amendment Act, 2021, the expression “raising,
transporting or causing to raise or transport any mineral without any lawful
authority” occurring in this Section, shall mean raising, transporting or causing
to raise or transport any mineral by a person without prospecting licence, mining
lease or composite licence or in contravention of the rules made under Section
23C.
22. Cognizance of offences ― No court shall take cognizance of any offence
punishable under this Act or any rules made thereunder except upon complaint in
writing made by a person authorized in this behalf by the Central Government or
the State Government.
Under Section 21(4A), any vehicle seized under sub-section (4) is liable to be
confiscated by an order of the court competent to take cognizance of the offence.
9. A perusal of the aforesaid provision makes it clear that contravention
of Sub-Section (1) or Sub-Section (1A) of Section 4 is punishable under Section
21(1) of the Act with imprisonment for a term which may extend to 05 years and
with fine which may extend to Rs.5,00,000/- per hectare of the area. Section 22 of
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the Act further provides that no Court shall take cognizance of an offence
punishable under this Act or any Rules made thereunder except upon the
complaint in writing made by a person authorized in this behalf by the Central
Government or the State Government.
10. As per reply furnished by the State, the matter was investigated after
registration of FIR and the final report under Section 173 Cr.P.C has been
presented before the trial Court on 29.07.2023 and only one witness has been
examined till date. A perusal of the order dated 28.08.2023 passed by the trial
Court shows that the challan had been presented by the police and accused have
been charged for the said offence on the basis of the final report furnished by the
police. There is nothing on file to show that any complaint has been filed by any
person authorized under the Act by the Central Government or State Government
and in these circumstances, the trial Court clearly erred in taking cognizance of the
offence on the basis of report under Section 173 Cr.P.C furnished by the police.
Moreover, a Co-ordinate Bench of this Court in 2024:PHHC:038884, titled
Kulwant Kaur Vs. State of Punjab and Another has held that very registration of
FIR is bad in the eyes of law as per the statutory provisions of MMDR Act and
police has no power either to investigate, prosecute or deal with any offence under
the said Act and the FIR as well as consequential proceedings were ordered to be
quashed. Similarly, in 2013(3) RCR (Criminal) 141, Harmela Ram Vs. State of
Haryana, the authorized person instead of filing a complaint in writing sought
registration of FIR for illegal mining and it was held that FIR in question is liable
to be quashed as Court cannot take cognizance of an offence under the said Act
unless there is complaint in writing by the authorized person with regard to
AMANDEEP GOSAIN
2026.11.13 17:07
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integrity of this
order/judgment
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commission of the offence punishable under the said Act.
11. In view of the aforesaid discussion, the petition in hand is allowed
and FIR No.28 dated 12.06.2023 (Annexure P-1) registered under Section 21(1) of
Mines and Minerals Act (Regulation and Development Act) 1957 at Police Station
Narot Jaimal Singh, District Pathankot and all consequential proceedings arising
thereof including framing of charge by the trial Court are hereby quashed.
12. Pending misc. application (s), if any, shall also stand disposed of.
(YASHVIR SINGH RATHOR)
11.11.2026 JUDGE
amandeep
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
AMANDEEP GOSAIN
2026.11.13 17:07
I attest to the accuracy and
integrity of this
order/judgment