Authorities Criticized for Mechanical Proceedings; Costs Imposed for Failure to Verify Vehicle Ownership
In a significant ruling, the Madhya Pradesh High Court, Jabalpur bench, has quashed a penalty imposed on Sarang Raguwanshi for allegedly transporting minerals illegally. The court criticized the authorities for conducting the proceedings in a mechanical and careless manner, failing to verify the true ownership of the vehicle involved.
The case originated when a truck, bearing the registration number RJ-14-GE-8519, was apprehended by the Revenue Officer, Chourai, District Chhindwara, for allegedly transporting minerals without statutory permissions or documents. According to the authorities, the truck driver claimed that the vehicle belonged to Sarang Raguwanshi, leading to the initiation of proceedings against him.
Despite Raguwanshi providing evidence that the truck was registered to Balveer Singh, the authorities did not attempt to verify the registration details or record Singh's statement. The mining inspector relied solely on the driver's statement without conducting a thorough investigation.
The court expressed disappointment in the Collector's decision, highlighting the failure to examine whether Raguwanshi was the registered owner or if actions had been taken against the actual owner. The bench, comprising Justices Vivek Rusia and Pradeep Mittal, noted the negligence of the quasi-judicial officer in handling the matter and emphasized the expectation of judicial diligence in such proceedings.
The judgment mandates the State to pay costs of Rs. 50,000 to Raguwanshi, recoverable from the erring officers involved in the case. This decision underscores the importance of adhering to procedural correctness and conducting diligent investigations in legal matters concerning penalties and ownership disputes.
Bottom Line:
Penalty imposed on petitioner for illegal transportation of minerals quashed due to failure of authorities to verify ownership of vehicle and conduct proper investigation.
Statutory provision(s): M.P. Minerals (Illegal Excavation, Transportation and Storage) Rules, 2022, Rule 23
