LAW FOR ALL

Sec.21,22 of MMDR Act - vs- Sec. 378,379 /114 of I.P.C. - whether the provisions of Mines and Minerals Act explicitly or impliedly excludes the provisions of Indian Penal Code when the act of an accused is an offence both under the Indian Penal Code (in short, ‘IPC’) and under the provisions of Mines and Minerals (Development and Regulation) Act - Apex court held that we are of the definite opinion that the ingredients constituting the offence under the MMDR Act and the ingredients of dishonestly removing sand and gravel from the river beds without consent, which is the property of the State, is a distinct offence under the IPC. Hence, for the commission of offence under Section 378 Cr.P.C., on receipt of the police report, the Magistrate having jurisdiction can take cognizance of the said offence without awaiting the receipt of complaint that may be filed by the authorized officer for taking cognizance in respect of violation of various provisions of the MMRD Act. Consequently the contrary view taken by the different High Courts cannot be sustained in law and, therefore, overruled. Consequently, these criminal appeals are disposed of with a direction to the concerned Magistrates to proceed accordingly. = CRIMINAL APPEAL NO. 499 OF 2011 STATE OF NCT OF DELHI … Appellant(s) Versus SANJAY … Respondent(s) = 2014 Sept. Month - http://judis.nic.in/supremecourt/filename=41874