Illegal mining and theft can be distinct offences: police inquiry may proceed, while MMDR cognizance needs authorised complaint.

Section 22 of the MMDR Act bars cognizance of offences under that Act on a police report alone, requiring a written complaint by an authorised officer, but it does not bar the police from registering an FIR or investigating cognizable illegal mining conduct. The special procedure under the MMDR Act therefore limits prosecution for statutory mining contraventions, while ordinary criminal law remains available where the same facts independently disclose a separate offence. Illegal removal of sand or minerals from river beds may amount to theft under the IPC if the ingredients of dishonest removal from another's possession are made out, allowing police investigation and cognizance for the IPC offence independently of the MMDR Act.

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Issues: (i) Whether Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 bars the police from registering an FIR and investigating alleged illegal mining offences, and whether cognizance of an MMDR Act offence can be taken on a police report alone. (ii) Whether illegal removal of sand and minerals from river beds can also constitute theft under the Indian Penal Code, enabling police investigation and cognizance notwithstanding the MMDR Act.

Issue (i): Whether Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 bars the police from registering an FIR and investigating alleged illegal mining offences, and whether cognizance of an MMDR Act offence can be taken on a police report alone.

Analysis: The MMDR Act creates a special regime for mineral operations, seizure, confiscation and prosecution for contraventions of Section 4 and allied provisions. Section 21 makes breach of the Act punishable, while Section 21(6) declares the offence cognizable. Section 22, however, controls cognizance by providing that no court shall take cognizance of an offence punishable under the Act or the rules except upon a written complaint by an authorised officer. Reading these provisions together, the bar is on cognizance of MMDR offences on a police report alone, not on the police power to register information, investigate cognizable conduct, or place materials before the Magistrate. The criminal process under the Code of Criminal Procedure remains available to the extent it is not excluded by the special statute.

Conclusion: Section 22 does not completely bar registration of an FIR or police investigation, but cognizance of an MMDR Act offence cannot be taken solely on a police report; a complaint by the authorised officer is required.

Issue (ii): Whether illegal removal of sand and minerals from river beds can also constitute theft under the Indian Penal Code, enabling police investigation and cognizance notwithstanding the MMDR Act.

Analysis: The ingredients of an offence under Section 21 of the MMDR Act are distinct from the ingredients of theft under the Indian Penal Code. Contravention of the mining restrictions under the special enactment concerns unauthorised mining activity, whereas theft requires dishonest removal of property from the possession of another without consent. Where sand or minerals are clandestinely removed from river beds or government land with dishonest intention, the act may independently satisfy the ingredients of theft under the Indian Penal Code. In that situation, the police may register the case, investigate, and submit a report under the Code of Criminal Procedure for cognizance of the penal offence, even though cognizance for the MMDR Act violation must await the authorised complaint.

Conclusion: Illegal extraction and removal of sand or minerals may amount to theft under the Indian Penal Code, and such IPC offences can be investigated and taken cognizance of independently of the MMDR Act.

Final Conclusion: The special procedure under the MMDR Act governs prosecution for statutory mining contraventions, but it does not exclude the ordinary criminal law where the same conduct independently constitutes theft of government-owned minerals.

Ratio Decidendi: A special statute barring cognizance of its own offences except on an authorised complaint does not prevent police investigation or prosecution under the Indian Penal Code where the alleged conduct contains distinct ingredients amounting to a separate IPC offence.

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