Police Personnel 'Authorised Officer' Under Mines And Minerals Act, Have Powers To Seize Vehicle, Compound Offences: Madras High Court

The Madras High Court has ruled that there is no embargo in bringing police personnel under the ambit of “authorised officer” under Sections 21,22 and 23-A of the Mines and Minerals (Development and Regulation) Act 1957. The full bench was hearing a reference made with respect to queries relating the provisions of the Act and Rules framed thereunder and also various Government Orders issued based on the Act.The bench of Justice GR Swaminathan, Justice M Dhandapani and Justice K Murali Shankar noted that two Government Order issued by the State in 2006 and 2009 respectively, granting the police personnel powers to carry out seizure of vehicles under the act is not illegal and such seizure is within the law. “In view of issue No.1 being held in the affirmative for bringing the police personnel within the ambit of “authorised officer empowered” u/s 21 (4), 22 and 23-A of the MMDR Act, the vehicles/materials, which have been seized by the police personnel on the basis of the authorisation granted by the Government under G.O. Ms. No.114, dated 18.9.2006 and G.O. Ms. No.12, dated 2.2.2009, which have been reiterated in G.O. Ms. No.170 dated 5.8.2020 does not suffer the vice of any illegality and, therefore, the seizure made as a consequence thereof, is wholly within the framework of Section 21 (4) of the MMDR Act,” the full bench observed. BackgroundThe petitioner, S Kumar had initially filed a writ petition to direct authorities to permit him to continue his crusher operation and to take back his vehicles. When the division bench heard the matter, it was unclear as to which authority has powers to seize vehicles under the Act. The court noted that a division bench in Muthu v. The District Collector & Ors had ruled that only a revenue official was authorised under the Act to seize a vehicle. However, the court also noted that the Government by way of Orders had conferred upon police personnel, powers to seize the vehicle under the Act and this fact was not brought to the attention of the division bench. This led to the constitution of a full bench to decide upon the issue.Authority Specially Empowered Under The Act Section 21(4) of the Act empowers an officer or a specially empowered authority to seize any mineral tool, equipment, vehicle or any other thing which is used for transport any mineral unlawfully. Section 22 of the Act states that a court shall not take cognizance of any offence punishable under the rule except upon a complaint in writing made by a person authorised in this behalf by the Central Government. Section 23A of the Act says that a person authorised under Section 22, who is authorised to make a complaint, can compound the offence, either before or after institution of prosecution, on payment of a specified sum. The court noted that Section 21(4) of the act uses the term authority specially empowered and the State Government had powers under Section 15 of the Act to grant such empowerment. The court noted that it was based on this power, the State had issued the G.O granting seizing powers to police officers. “When the Act, in clear and unambiguous term provides the State Government with the power to empower an particular authority as the authorised officer to effect seizure, the definition of “Authorised Officer” u/s 2 (ii) of Rules, 2011 which defines the “District Collector of the district concerned or such other officer as may be authorised by the Government” would only go to mean that the term “such other officer as may be authorised by the Government” should be read harmoniously with the Act so as to take within its fold all the authorities, who are empowered as the person authorised by the State Government. Any other interpretation of the same would defeat the very purpose of the Act and would render Section 21 (4) otiose, as it would be a practical impossibility for the District Collector to go and seize each and every vehicle, which is involved in illegal mining activities,” the court said. The court also observed that since the G.O’s granting powers to the police have not been challenged till date, it could be impliedly affirmed that the police officers are authorised officers under the Act. “The implied affirmation, having obtained finality without being disturbed in any manner, the necessary inference that could be drawn is that the police personnel empowered under G.O. Ms. No.114 dated 18.9.2006 to be authorised officers u/s 21 (4) of the MMDR Act with the power to effect seizure is wholly within the framework of the MMDR Act and the Rules framed thereunder,” the court observed. After noting that the police personnel would come within the ambit of authorised officer under the Act, the court added that the police personnel also have powers to compound the offences under the Act. Power to File Private Complaint The court also noted that though there is no nexus between Section 21(4) and 22 of the...

Police Personnel 'Authorised Officer' Under Mines And Minerals Act, Have Powers To Seize Vehicle, Compound Offences: Madras High Court

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Police Personnel 'Authorised Officer' Under Mines And Minerals Act, Have Powers To Seize Vehicle, Compound Offences: Madras High Court

Upasana Sajeev

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