VidhiSangh

Supreme Court of India · 18/12/2019

G H KANWAR PAL SINGH versus THE STATE OF UTTAR PRADESH AND ANOTHER

[2019] 18 S.C.R. 1158 · 2019 INSC 1406

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Summary

Illegal-mining allegations could sustain police investigation and prosecution for theft and damage to public property even where statutory authorisation for cognizance under the mining enactment was absent. The offences have distinct ingredients. The Court preserved the IPC and public-property proceedings but clarified that mining-law prosecution and cognizance were not valid without the required authorisation, leaving factual guilt for trial.

Issues

  1. Whether Section 22 of the mining enactment barred police action or IPC prosecution.
  2. Whether excavated sand could be stolen.
  3. Which parts of the prosecution and cognizance could survive.

Provisions considered

Held

Result

Appeal partly allowed without costs. Prosecution and cognizance under Section 379 IPC and Sections 3 and 4 of the Prevention of Damage to Public Property Act were upheld. Proceedings under Section 21 read with Section 4 of the mining enactment were clarified to be invalid without authorisation. Factual charges remain for trial.

Judgment PDF: Supreme Court of India, [2019] 18 S.C.R. 1158.