Madras HC rules route deviation alone not illegal mining offense

Madurai: The Madurai bench of the Madras High Court has ruled that a mere deviation from the route specified in a valid transit pass while transporting minerals does not constitute theft or illegal mining, provided there are no allegations of such offenses.

Justice R. Vijayakumar made this observation while quashing an FIR filed by the Palamedu police in Madurai district against an individual named Asaithambi. The petitioner had been charged under Section 303(2) of the BNS, 2023, and Section 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957. The case originated after Asaithambi’s tractor, which was transporting fencing stones, was intercepted in Palamedu.

The transit pass issued to the petitioner allowed the transport of fencing stones from Melur to Alanganallur. However, the vehicle was found at Manikampatti, a location not included in the approved route, leading to the police filing the FIR on the grounds of route deviation.

The court observed that the FIR itself acknowledged the existence of a valid transit pass and noted that the sole allegation against the petitioner was the deviation from the specified route.

“Therefore, it is evident that this is merely a violation of the transit pass and does not involve theft of fencing stones or any minerals belonging to the government,” Justice Vijayakumar stated. The court held that invoking penal provisions in such a case was legally unsustainable and deemed the continuation of proceedings an abuse of the legal process. Consequently, the FIR was quashed.