Lawstreet Journal

Madras HC Takes a Serious View on Illegal Mining, dismisses 36 Bail applications filed in this regard [READ ORDER]

Lawstreet Journal 10 Sep 2020 9:52pm

Image courtesy: Lawstreet Journal Judiciary Madras HC Takes a Serious View on Illegal Mining, dismisses 36 Bail applications filed in this regard [READ ORDER]

In a criminal petition filed “under section 438 of Cr.P.C” seeking anticipatory bail for the offences related to illegal quarrying/mining, theft, and smuggling of sand and minerals, Madras HC took a serious view and passed a common order in 36 such petitions. 

All the pleas were dismissed and while dismissing the plea single judge bench of Justice AD Jagdish Chandira said that “This court can see that due to the amount of money involved, the business of illegal quarrying/mining, theft, and sand smuggling activities is increasing day by day and offenders are bold enough to involve in the offences with a fond belief that they will be able to get advance bail by accepting and undertaking to comply with any stringent conditions imposed by the courts. Orders of the courts are routinely taken more lightly, and the industry is thriving by engaging men and materials on a large scale. Heavy and high- cost equipment and vehicles like excavators, earthmovers, JCB, Poclain, and Hitachi are used to excavate and heavy Lorries viz., Taurus and Tata Benz are being used in the illegal mining business flouting all rules which remain in paper only.”

The court asked itself question that “In a society that has a well- established system of justice and law, should the courts restrict its role only to adjudication of issues and abdicate and shirk its responsibility and pass on the duty of controlling and preventing crime to the police and State authorities alone?”

The court observed that despite imposing serious conditions directing… Continue Reading...


Tagged: Madras High Court  
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