Inter-State sand restrictions and mineral seizure law: imported sand falls outside the Kerala sand statute, but prosecution remains available under the minerals law.
A valid State restriction on export of sand made in public interest under the constitutional scheme must be respected by other States, and the fact that Kerala permits import does not legalise movement in breach of Karnataka's prohibition. The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 is confined to river sand collected or extracted within Kerala, so it does not extend to sand imported from another State. In such cases, the Mines and Minerals (Development and Regulation) Act, 1957 and the rules made under it govern illicit import, transport, possession, seizure, prosecution and confiscation, with police powers of seizure available, subject to the statutory requirement on cognizance.
Issues: (i) whether a prohibition on export of sand imposed by the State of Karnataka is binding on Kerala and must be honoured by Kerala authorities; (ii) whether the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 applies to sand imported from another State; (iii) whether illicit import, transport, possession, seizure, prosecution and confiscation in such cases can be proceeded with under the Mines and Minerals (Development and Regulation) Act, 1957 and the rules made thereunder, and whether police powers to seize and act are available.
Issue (i): whether a prohibition on export of sand imposed by the State of Karnataka is binding on Kerala and must be honoured by Kerala authorities.
Analysis: Article 301 guarantees free trade, commerce and intercourse, but Article 304 permits reasonable restrictions imposed by a State by law in public interest. A prohibition on export of sand by a neighbouring State made within the constitutional framework cannot be ignored by another State merely because that State permits import. The existence of permitted import in Kerala does not legalise movement of goods in defiance of the exporting State's valid restriction.
Conclusion: The prohibition imposed by Karnataka is binding and must be honoured by Kerala authorities.
Issue (ii): whether the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 applies to sand imported from another State.
Analysis: The object and scheme of the Sand Act are confined to river sand collected or extracted within Kerala and to the protection of Kerala's river banks and river beds. Sand brought into Kerala from another State does not fall within that statutory purpose. The Act therefore cannot be used to regulate, seize or prosecute in relation to such imported sand.
Conclusion: The Sand Act does not apply to sand imported from another State.
Issue (iii): whether illicit import, transport, possession, seizure, prosecution and confiscation in such cases can be proceeded with under the Mines and Minerals (Development and Regulation) Act, 1957 and the rules made thereunder, and whether police powers to seize and act are available.
Analysis: Section 4(1A) of the Mines and Minerals (Development and Regulation) Act, 1957 prohibits transport or storage of any mineral otherwise than in accordance with the Act and the rules made thereunder. Minor minerals are included within the statutory definition of minerals. Where the State rules do not cover illicit import from another State, the Principal Act governs the field. Section 21 provides punishment, seizure and confiscation consequences, while Section 22 regulates cognizance. The offence is cognizable, and the general police powers of arrest and seizure under the Code of Criminal Procedure are not excluded, though cognizance must conform to Section 22.
Conclusion: Such cases can be proceeded with under the Act, and seizure, prosecution and confiscation are legally available.
Final Conclusion: The challenge to seizure and the prayer for unconditional release of the vehicles fail, and the matter is to be dealt with under the Mines and Minerals (Development and Regulation) Act, 1957 with cognizance taken only in the manner required by the statute.
Ratio Decidendi: A State's valid restriction on export of minerals in public interest must be respected by other States, and where imported minerals are outside the scope of a special State sand law, the principal minerals legislation governs, permitting seizure and prosecution subject to the statutory bar on cognizance.
TaxTMI 
AI Drafter ✕
TaxTMI 
