‘No regard for law, life’: Madhya Pradesh High Court says sand mafia a ‘systemic danger’, refuses relief in truck seizure case

‘Serious threat to public safety’

• In recent times, the menace of illegal sand mining has assumed alarming proportions, and the rise of the so-called “sand mafia” has become a matter of grave public concern, the Madhya Pradesh High Court stated.
• Operating with scant regard for law or human life, such elements frequently indulge in unauthorised transportation of minerals through overloaded and poorly maintained vehicles, often driven in haste to evade enforcement authorities.
• This reckless conduct not only results in rampant environmental degradation but also poses a serious threat to public safety, as these vehicles are increasingly found to be involved in road accidents causing loss of life and property.
• At the heart of the ruling lies the court’s sharp critique of the escalating menace of illegal sand mining.

At the heart of Justice Himanshu Joshi’s ruling lies a sharp critique of the escalating menace of illegal sand mining.

Relief denied, petition dismissed

• In light of these findings, the court held that a prima facie case was made out against the applicant and that no ground existed to interfere with the order of the judicial magistrate first class (JMFC) rejecting the plea for interim custody of the truck.
• Refusing to release the seized dumper allegedly involved in the unlawful transportation of sand, the Madhya Pradesh High Court stressed the need for a firm and uncompromising judicial approach to curb such activities.
• Emphasising the availability of an alternative statutory remedy, the court dismissed the petition, leaving it open to the applicant to pursue remedies under the relevant rules.

Facts of case

• The case arose from the seizure of a dumper which was allegedly found transporting sand without authorisation.
• The vehicle was intercepted on January 21 at around 4.30pm, allegedly transporting sand without a valid permit, leading to registration of offences under the Bharatiya Nyaya Sanhita (BNS) and the Mines and Minerals (Development and Regulation) Act, 1957.
• Following the seizure, the applicant approached the JMFC, Deosar, seeking interim custody of the vehicle.
• However, by an order dated January 29, the JMFC rejected the application.
• Challenging this order, the applicant moved the Madhya Pradesh High Court under Section 528 (inherent powers of high court) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• The petitioner argued that the vehicle was lawfully engaged in transportation and that its continued seizure was causing him financial hardship.

Applicant’s defence: Vehicle breakdown, GPS data

• Advocate Anil Lala, counsel for the applicant, contended that a sand transport permit had been issued, which was valid from 8.30 pm on January 20 until 2 am on January 21.
• It was argued that during transit, the vehicle suffered a tyre burst around midnight, forcing it to halt due to the unavailability of a mechanic or replacement.
• The counsel claimed that after repairs were completed, the vehicle resumed its journey, during which it was intercepted by authorities.
• To substantiate this explanation, reliance was placed on GPS tracking data.
• It was also submitted that the vehicle was under a bank loan and that prolonged detention would lead to deterioration of the vehicle and financial loss to the owner.
• On these grounds, the applicant sought release of the vehicle pending further proceedings.

State’s stand: Statutory remedy available

• Opposing the petition, the state argued that proceedings had already been initiated under Section 19 (penalty for illegal transportation) of the Madhya Pradesh Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2022.
• This provision, it pointed out, provides a mechanism for compounding offences upon payment of penalty.
• The state contended that in light of this alternative statutory remedy, the petition was not maintainable and deserved dismissal.

Court’s analysis: Permit expired, no intimation

• After examining the record, the Madhya Pradesh High Court found significant gaps in the applicant’s case.
• It noted that the transport permit relied upon had expired at 2 am on January 21, whereas the vehicle was intercepted nearly 14 hours later, at 4.30 pm.
• The court observed that no material had been placed on record to show that the applicant had informed the competent authority about the alleged breakdown or delay.
• In the absence of such intimation, the explanation offered by the applicant was found insufficient to justify the continued transportation of sand beyond the validity period of the permit.
• The court also took note of the ongoing proceedings under the 2022 rules, which provide an adequate legal mechanism to address such violations.