Mere route change won’t attract illegal mining charges: HC

Madurai: Mere deviation from the route mentioned in a valid transit pass while transporting minerals will not attract theft or illegal mining charges if there is no allegation of having committed them, Madurai bench of Madras high court has held.Justice R Vijayakumar made the observation while quashing an FIR registered by Palamedu police in Madurai district against Asaithambi, who was booked under Section 303(2) of BNS, 2023, and Section 21(5) of Mines and Minerals (Development and Regulation) Act, 1957.The case arose after the petitioner’s tractor carrying fencing stones was intercepted at Palamedu. The transit pass had permitted transport of fencing stones from Melur to Alanganallur, but the vehicle was found at Manikampatti, which police said was not on the permitted route.The court noted that the FIR itself showed the peitioner had a valid transit pass and that the only allegation was route deviation. “Hence, it is clear that there is only violation of the transit pass and there is no theft of fencing stones or any minerals belonging to the govt,” the judge said.Holding that invoking the penal provisions was not legally sustainable, the court said continuation of proceedings would be an abuse of process of law, and quashed the FIR.