SC rejects 'immovable property' plea in sand theft case

The court cited that the principle which just about every legislation was created to help expand the ends of justice and ought not to be defeated on mere technicalities.
'Sand about staying excavated could reduce its attachment into the ground, hence (so ),'' it's a pre owned land or merchandise with the capacity to be stolen,''' a seat of Justices S Abdul Nazeer and Sanjiv Khanna stated.
Even the petitioner was accused of being illegally excavated a pit fifty ft , fifty ft wide and two metres deep, out the allowed spot in Mirzapur district.


The petitioner, for his role, claimed that the alleged evidence of sand wasn't potential since it had been immovable land according to Part 3 (26) of this General Clauses Act.
Rejecting the prosecution, '' the court claimed,'From the current scenario, sand was excavated and has been thereupon no further a immovable property'

Even the Supreme Court has refused a emptiness which thieving of sand cannot be clubbed under the penal supply around the pretext it is immovable land, expressing the substance subsequent to excavation gets effective of this statute.




He claimed if there wasn't a exceptional law having to do with the mines law, '' there can not be no fee underneath the Penal Code for the offence of thieving.

Right here, prohibited excavation and thieving are just two'separate' as well as the'same offence'.

The court declared Department 26 of the General Clauses Act which allowed prosecution for'diverse offences' but pubs prosecution and punishment double to get its'same offence' beneath at least two enactments.

From the immediate scenario the seat, but altered the H-C's arrangement be permitting the petitioner's request his prosecution underneath the mines law enforcement wouldn't be justified and valid at the lack of this expected authorisation.


The very best court stated that excavating sand past the permissible limitation could contribute into the prosecution of this person for thieving, moreover under the terms of this Mines and Minerals (Development and Regulation) Act as well as other legislation.

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