MADURAI: Answering a reference whether police officials have the power to seize vehicles used for illegal mining or if the said power is only vested with revenue officials, a Full Bench of the Madurai Bench of the Madras High Court clarified on Tuesday that the police can make the seizure, file private complaints and compound offences under the Mines and Minerals (Development and Regulation) Act, 1957.
In the interest of the environment as well as the state, the Full Bench, which comprised justices GR Swaminathan, M Dhandapani and K Murali Shankar, also suggested the additional chief secretary of natural resources department to take necessary steps, in consultation with the Commissioner of the Directorate of Geology and Mining, for amending the Tamil Nadu Minor and Minerals Concession Rules, 1959, more particularly, Rule 36-A, for obtaining an expert opinion of the Director of Geology and Mines with regard to the mineral that is seized, before passing any orders compounding the offence.
The reference was made by a division bench in December last year, while hearing a petition filed by S Kumar, seeking direction to release his 29 vehicles, which were seized by the police on charges that he used them for illegal mining. The division bench had also wanted to know whether the Special Court constituted under MMDR Act has the power to compound a vehicle or if it could be done by authorised officers alone.
The Full Bench, constituted for the purpose, observed that the power of the special court would be only in relation to confiscation and release of the vehicle which has been seized and insofar as compounding of offence is concerned, it would be within the domain of the persons authorised under Section 22 of the MMDR Act.