Court Finds No Grounds for Criminal Charges Under BNS, 2023 or Mines and Minerals Act Due to Lack of Illegal Mining or Theft
In a significant ruling, the Madras High Court, Madurai Bench, quashed the FIR against Asaithambi, accused of violating transit pass conditions while transporting fencing stones. The court found that mere deviation from the specified route in the transit pass does not constitute an offense under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, or Section 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957, as there was no theft or illegal mining involved.
The case arose when Asaithambi was found transporting fencing stones in a tractor with a transit pass meant for the route from Melur to Alanganallur. However, the vehicle was intercepted at Palamedu, which was not on the specified route. The petitioner argued that the deviation did not attract the legal provisions cited against him, as no illegal activity was involved.
The court, presided over by Mr. R. Vijayakumar, J., ruled that the continuation of criminal proceedings would be an abuse of the process of law. The FIR in Crime No. 21 of 2025 was quashed, thereby allowing the petitioner to proceed without facing charges.
This judgment underscores the importance of distinguishing between procedural deviations and substantive violations in legal proceedings, emphasizing the need for evidence of illegal activity to sustain criminal charges.
Bottom line:-
Quashing of FIR - Allegation of violating transit pass conditions while transporting fencing stones - Held, mere deviation from the specified route in transit pass does not attract Section 303(2) of BNS, 2023 or Section 21(5) of Mines and Minerals (Development and Regulation) Act, 1957, as there is no theft or illegal mining involved.
Statutory provision(s): Section 303(2) of Bharatiya Nyaya Sanhita, 2023, Section 21(5) of Mines and Minerals (Development and Regulation) Act, 1957
Asaithambi v. State of Tamil Nadu, (Madras)(Madurai Bench) : Law Finder Doc id # 2926625
