Manufacturing M-sand is not illegal, but show where you got the stone from: High Court

NT Correspondent

Bengaluru: The High Court of Kar nataka has held that the mere manufacturing Msand is not illegal. But any stone crusher has to show where he got the stones to manufacture the M-sand. The HC judgement came in a petition filed by Ms SVB Stone Crushers which sought to quash a criminal case pending against it.

A case was filed by the geologist of the Mines and Minerals department under the Mines and Minerals Development and Regulation (MMDR) Act, the Karnataka Minor Mineral Rules Act and the Stone Crushers Act.

Challenging this criminal case, the company contended before Justice Suraj Govindaraj that it had only manufactured M-sand which is not a minor mineral and therefore there is no offence under the Stone Crushers Act.

The HC however said that “Mere manufacturing M-sand would not amount to a violation of the MMDR Act, however since the building stone is used for manufacture of M-sand, it is required that proper permit/licence as regards the building stone and documentary proof relating thereto are required to be made available by the petitioner.”

The HC further said that the criminal case needs to be proceeded with and the trial should be held to determine the crime. “The petitioner has to place on record as to where he got the building stone or any stone used for manufacturing M-sand, and if those documents are in order, no offence could be said to be made out. However, if the building stone or any other stone is used without the necessary documents for manufacturing M-sand, the same would continue to be an offence under the MMDR Act. This is a matter which requires trial,” the HC said.

The petition also challenged the geologist's filing of a complaint. The High Court however, ruled that a geologist belonging to the Department of Mines and Geology can initiate proceedings against a mining company in his jurisdiction under the MMDR Act and KMCC Rules.

The complaint was filed against the company for manufacturing M-Sand in Kunigal in Tumakuru without a licence. The HC said that “Under Section 6A of the Stone Crushers Act, there are various conditions for grant of licence which have been prescribed. It is only if those conditions are satisfied that a licence could be issued.

It is required therefore that after satisfaction of all the requirements, a licence in terms of FormC is issued. Without such a licence, no stone-crushing activity can be carried out.” The Court rejected the contention that the authorities have not issued any license.

“When there is a prohibition for stone crushing without a licence, it is not permissible for a person who carries out stone crushing to thereafter contend that since there is no licence which has been issued even though he has carried out stone crushing, no action could be taken by a licensing authority merely because it has not issued any licence.”