'Illegal Mining Has Irreparable Effect On Environment, No Leniency Can Be Shown': P&H HC Rejects Tractor-Owner's Pre-Arrest Bail Plea

Noting the seriousness of the matter, Justice Gurvinder Singh Gill said:

"The adverse effects of environmental degradation needs no highlighting. Rather illegal mining can lead to floods & destruction of crops and even washing away of homes and properties apart from pollution and destruction of wildlife and eco-system. No leniency can be shown in such like matters, which have an irreparable adverse effect on the environment and is a colossal loss for generations to come."

A case under Section 21(i) of the Mines and Minerals (Development and Regulation) Act, 1957 was registered by Hoshiarpur Sadar police station on November 13 after Amrik Singh, the driver of the tractor-trolley loaded with sand, was caught by police while patrolling near Ajjowal, Hoshiarpur. The driver could not produce a relevant license or permit allowing him to mine sand.

During his interrogation, the accused driver named the owner of the tractor, Satya Nand, who had allegedly employed him on a per day wage basis for mining of the sand.

It was the petitioner's case that he was nowhere named in the FIR. The petitioner only came to be nominated on the basis of the disclosure statement made by the driver, who was allegedly apprehended at the spot while driving a tractor-trolley loaded with sand, his counsel told the court.

The petitioner argued that no evidentiary value could be attached to such disclosure statement and that it had apparently been made by the driver to shift his liability upon the petitioner.

"Even if one were to admit that the aforesaid Amrik was employed as driver with the petitioner, no inference could be drawn that the alleged mining was done at the instance of the petitioner himself," argued the petitioner.

The State, on the other hand, argued that the complicity of the owner of the tractor could be clearly made out based on the disclosure statement of the driver.

Justice Gill in the order said the very fact that the tractor-trolley loaded with sand was recovered from co-accused, which is registered in the name of the petitioner leaves much to be explained on his part.

"The co-accused has specifically stated that he had extracted sand at the instance of the petitioner, who used to pay him Rs. 400 per day for the said purpose, which clearly shows the complicity of the petitioner," said the Court.

The Court added that: "The owner of a tractor-trolley is not expected to hand over his tractor-trolley in such a casual manner, so that the same may be misused for the purpose of mining. Rather such an act would point towards the involvement of the owner himself."

In light of this and noting the environmental impact which illegal mining has, the Court rejected the anticipatory bail plea of the petitioner. The Court said:

"The petition is sans merit and is hereby dismissed. However, in case the petitioner surrenders before the Trial Court within a period of 10 days from today and applies for grant of regular bail, the learned Trial Court shall endeavour to dispose of the same expeditiously preferably within a period of one week from filing of such application."

Case Title: Satya Nand v. State of Punjab

Citation: CRM-M-55205-2022 (O&M)

Coram: Justice Gurvinder Singh Gill

Citation: 2022 LiveLaw (PH) 322

Click Here To Read/Download the Order