https://www.taxtmi.com/caselaws?id=298536 Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 bars cognizance only for offences under that Act and its Rules; it does not prevent prosecution for distinct offences of theft under the Indian Penal Code or damage to public property where the ingredients differ. Excavated sand, once severed from the land, is movable property capable of theft, so cognizance for offences under IPC section 379 and the Prevention of Damage to Public Property Act is maintainable. However, for contraventions of the mining statute itself, a Magistrate can take cognizance only on a complaint in writing by an authorised person, and a police report cannot substitute that complaint. The prosecution survives only to that limited extent. en-us Wed, 18 Dec 2019 00:00:00 +0530 Mon, 08 Nov 2021 21:11:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298536 Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 bars cognizance only for offences under that Act and its Rules; it does not prevent prosecution for distinct offences of theft under the Indian Penal Code or damage to public property where the ingredients differ. Excavated sand, once severed from the land, is movable property capable of theft, so cognizance for offences under IPC section 379 and the Prevention of Damage to Public Property Act is maintainable. However, for contraventions of the mining statute itself, a Magistrate can take cognizance only on a complaint in writing by an authorised person, and a police report cannot substitute that complaint. The prosecution survives only to that limited extent. Case-Laws Indian Laws Wed, 18 Dec 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298536