Mohali court acquits man in 2019 illegal sand mining case

Police had booked the acquitted man under Section 4(1) of the Mines and Minerals (Development and Regulation) Act, 1957, after allegedly catching him transporting sand without a bill or permit in February 2019

A local court acquitted a Dera Bassi resident in a seven-year-old illegal sand mining case after finding that the prosecution failed to establish that he owned or drove the tractor-trolley carrying the sand. The court also noted that the prosecution could not prove that a designated mining officer had filed the complaint or that the investigation followed the required procedure.

The case arose on February 9, 2019, when a police team led by ASI Narinder Kumar was conducting a mobile naka near village Janetpur. (HT File)

Additional sessions judge Hardip Singh acquitted Balwinder Khan, a resident of Sheikhpura Kalan, in a judgment pronounced on Tuesday. Police had booked him under Section 4(1) of the Mines and Minerals (Development and Regulation) Act, 1957, after allegedly catching him transporting sand without a bill or permit in February 2019.

The case arose on February 9, 2019, when a police team led by ASI Narinder Kumar was conducting a mobile naka near village Janetpur. The team stopped a Swaraj tractor-trolley bearing registration number PB-65R-6538 coming from the Ambala side and found sand loaded in its trolley. According to the prosecution, Khan was driving the vehicle but could not produce documents authorising the transport of sand. Police seized the tractor-trolley and arrested him.

The prosecution examined three witnesses, including a recovery witness, a mining department clerk and the investigating officer, retired inspector Narinder Kumar. However, the defence questioned the legality of the investigation and pointed out that no independent witness had joined the recovery proceedings.

The court focused on the role of the mining department and the authority of the police to investigate the alleged offence. It noted that the investigating officer admitted during cross-examination that no complaint had been moved by the designated mining officer. The recovery witness also stated that no such application had been filed. The investigating officer further admitted that the police had not drawn any samples.

Referring to Sections 23B and 24 of the Mines and Minerals Act, the court noted the powers of authorised officers to search, seize and inspect matters relating to minerals. The court observed that the mining department’s designated officers were required to be involved in the proceedings.

The court also held that the prosecution failed to establish that Khan owned or drove the tractor-trolley from which police allegedly recovered the sand. It further failed to prove that a competent mining officer had filed the complaint.

“Necessary ingredients under Section 4(1) of the Mines and Minerals Act, 1957, to prove the offence have not been proved on record,” the court held. Finding that the prosecution had failed to prove the charge beyond reasonable doubt, the court acquitted Khan.