Allahabad High Court

1. Heard learned counsel for the applicant and Sri Ravindra Kumar Singh, learned A.G.A. for the State.

2. The first information report dated 22.05.2021 was lodged under Sections 379, 427, 353, 332 I.P.C. and Section 4/21 of the Mines Act, 1952 alongwith Section 2/3 Prevention of Damage to Public Property Act, 1984, but during the investigation, the Investigating Officer carried out the investigation under Section 4/21 Mines and Minerals (Development and Regulation) Act and when the charge-sheet was submitted by the Investigating Officer on

03.07.2022, at first page of charge-sheet, Section 4/21 of Mines Act, 1952 is mentioned. However, in paragraph 16 of the charge-sheet, it is mentioned that offence under Section 4/21 of Mines and Minerals (Development and Regulation) Act was made out against the applicant. This is a very serious error on the part of the Investigating Officer, which is condemnable.

3. It appears that the informant wanted to lodge the first information report under Section 4/21 of Mines and Minerals (Development and Regulation) Act 1957, but the police authorities wrongly lodged the first information report under Section 4/21 of Mines Act, 1952 and the same error had occurred during the investigation. At some places, investigation was conducted under the Mines Act, 1952 and at some places investigation was conducted under the Mines and Minerals (Development and Regulation) Act, 1957. 2 NA528 No. 42594 of 2025

4. In fact, the Mines Act, 1952 is to amend and consolidate the law relating to the regulation of labour and safety in mines and Sections 4 and 21 of the Mines Act, 1952 are not punishable. Section 4 of the Mines Act, 1952 relates to references to time of day, whereas Section 21 of Mines Act, 1952 is relating to medical appliances. Sections 4 and 21 of the Mines Act, 1952 are reproduced as hereunder:- "4. References to time of day.—In this Act, references to time of day are references to Indian standard time, being five and a half hours ahead of Greenwich mean time: Provided that, for any area in which Indian standard time is not ordinarily observed, the Central Government may make rules— (a) specifying the area; (b) defining the local mean time ordinarily observed therein; and (c) permitting such time to be observed in all or any of the mines situated in the area." "21. Medical appliances.—(1) In every mine there shall be provided and maintained so as to be readily accessible during all working hours such number of first-aid boxes or cupboards equipped with such contents as may be prescribed. (2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard or room. (3) Every first-aid box or cupboard shall be kept in the charge of a responsible person who is trained in such first-aid treatment as may be prescribed and who shall always be readily available during the working hours of the mine. (4) In every mine there shall be made so as to be readily available such arrangements as may be prescribed for the conveyance to hospitals or dispensaries of persons who, while employed in the mine, suffer bodily injury or become ill. (5) In every mine wherein more than one hundred and fifty persons are employed, there shall be provided and maintained a first-aid room of such size with such equipment and in the charge of such medical and nursing staff as may be prescribed.]"

6. Section 4/21 of the Mines and Minerals (Development and Regulation) 3 NA528 No. 42594 of 2025 Act, 1957 is punishable offence relating to mining operations in any area and from a perusal of contents of FIR, it appears that the first informant wanted to lodge the FIR under Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957. Sections 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957 are reproduced as hereunder:- "4. Prospecting or mining operations to be under licence or lease.―(1) [No person shall undertake any reconnaissance, prospecting or mining operations in any area, except under and in accordance with the terms and conditions of a reconnaissance permit or of a prospecting licence or, as the case may be, of a mining lease, granted under this Act and the rules made thereunder]: Provided that nothing in this sub-section shall affect any prospecting or mining operations undertaken in any area in accordance with the terms and conditions of a prospecting licence or mining lease granted before the commencement of this Act which is in force at such commencement: Provided further that nothing in this sub-section shall apply to any prospecting operations undertaken by the Geological Survey of India, the Indian Bureau of Mines, [the Atomic Minerals Directorate for Exploration and Research] of the Department of Atomic Energy of the Central Government, the Directorates of Mining and Geology of any State Government ( by whatever name called), and the Mineral Exploration Corporation Limited, a Government company within the meaning of [clause (45) of section 2 of the Companies Act, 2013 (18 of 2013), and any [ other entities including private entities that may be notified for this purpose, subject to such conditions as may be specified by the Central Government]. Provided also that nothing in this sub-section shall apply to any mining lease (whether called mining lease, mining concession or by any other name) in force immediately before the commencement of this Act in the Union territory of Goa, Daman and Diu. (1A) No person shall transport or store or cause to be transported or stored any mineral otherwise than in accordance with the provisions of this Act and the rules made thereunder. (2) No mineral concession shall be granted otherwise than in accordance with the provisions of this Act and the rules made thereunder. 4 NA528 No. 42594 of 2025 (3)Any State Government may, after prior consultation with the Central Government and in accordance with the rules made under Section 18, [undertake reconnaissance, prospecting or mining operations with respect to any mineral specified in the First Schedule in any area within that State which is not already held under any mineral concession.

21. Penalties.―(1) Whoever contravenes the provisions of sub-section (1) or sub- section (1A) of section 4 shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to five lakh rupees per hectare of the area. (2) Any rule made under any provision of this Act may provide that any contravention thereof shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five lakh rupees, or with both, and in the case of a continuing contravention, with additional fine which may extend to fifty thousand rupees for every day during which such contravention continues after conviction for the first such contravention.] (3) Where any person trespasses into any land in contravention of the provisions of sub-section (1) of section 4, such trespasser may be served with an order of eviction by the State Government or any authority authorised in this behalf by that Government and the State Government or such authorised authority may, if necessary, obtain the help of the police to evict the trespasser from the land. (4) Whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and, for that purpose, uses any tool, equipment, vehicle or any other thing, such mineral tool, equipment, vehicle or any other thing shall be liable to be seized by an officer or authority specially empowered in this behalf. (4A) Any mineral, tool, equipment, vehicle or any other thing seized under sub-section (4), shall be liable to be confiscated by an order of the court competent to take cognizance of the offence under sub-section (1) and shall be disposed of in accordance with the directions of such court. (5) Whenever any person raises, without any lawful authority, any mineral from any land, the State Government may recover from such person the mineral so raised, or, where such mineral has already been disposed of, the price thereof, and may also 5 NA528 No. 42594 of 2025 recover from such person, rent, royalty or tax, as the case may be, for the period during which the land was occupied by such person without any lawful authority. (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence under sub-section (1) shall be cognizable."

5. Therefore, in the interest of justice, the matter shall be listed as fresh for hearing again on 02.12.2025 at 12:00 noon. On the date fixed, the Investigating Officer of the present case shall remain present in the Court to clarify the observations made herein. November 3, 2025 Nitendra (Vivek Kumar Singh,J.)

1. Heard learned counsel for the applicant and Sri Ravindra Kumar Singh, learned A.G.A. for the State.

2. The first information report dated 22.05.2021 was lodged under Sections 379, 427, 353, 332 I.P.C. and Section 4/21 of the Mines Act, 1952 alongwith Section 2/3 Prevention of Damage to Public Property Act, 1984, but during the investigation, the Investigating Officer carried out the investigation under Section 4/21 Mines and Minerals (Development and Regulation) Act and when the charge-sheet was submitted by the Investigating Officer on

03.07.2022, at first page of charge-sheet, Section 4/21 of Mines Act, 1952 is mentioned. However, in paragraph 16 of the charge-sheet, it is mentioned that offence under Section 4/21 of Mines and Minerals (Development and Regulation) Act was made out against the applicant. This is a very serious error on the part of the Investigating Officer, which is condemnable.

3. It appears that the informant wanted to lodge the first information report under Section 4/21 of Mines and Minerals (Development and Regulation) Act 1957, but the police authorities wrongly lodged the first information report under Section 4/21 of Mines Act, 1952 and the same error had occurred during the investigation. At some places, investigation was conducted under the Mines Act, 1952 and at some places investigation was conducted under the Mines and Minerals (Development and Regulation) Act, 1957. 2 NA528 No. 42594 of 2025

4. In fact, the Mines Act, 1952 is to amend and consolidate the law relating to the regulation of labour and safety in mines and Sections 4 and 21 of the Mines Act, 1952 are not punishable. Section 4 of the Mines Act, 1952 relates to references to time of day, whereas Section 21 of Mines Act, 1952 is relating to medical appliances. Sections 4 and 21 of the Mines Act, 1952 are reproduced as hereunder:- "4. References to time of day.—In this Act, references to time of day are references to Indian standard time, being five and a half hours ahead of Greenwich mean time: Provided that, for any area in which Indian standard time is not ordinarily observed, the Central Government may make rules— (a) specifying the area; (b) defining the local mean time ordinarily observed therein; and (c) permitting such time to be observed in all or any of the mines situated in the area." "21. Medical appliances.—(1) In every mine there shall be provided and maintained so as to be readily accessible during all working hours such number of first-aid boxes or cupboards equipped with such contents as may be prescribed. (2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard or room. (3) Every first-aid box or cupboard shall be kept in the charge of a responsible person who is trained in such first-aid treatment as may be prescribed and who shall always be readily available during the working hours of the mine. (4) In every mine there shall be made so as to be readily available such arrangements as may be prescribed for the conveyance to hospitals or dispensaries of persons who, while employed in the mine, suffer bodily injury or become ill. (5) In every mine wherein more than one hundred and fifty persons are employed, there shall be provided and maintained a first-aid room of such size with such equipment and in the charge of such medical and nursing staff as may be prescribed.]"

6. Section 4/21 of the Mines and Minerals (Development and Regulation) 3 NA528 No. 42594 of 2025 Act, 1957 is punishable offence relating to mining operations in any area and from a perusal of contents of FIR, it appears that the first informant wanted to lodge the FIR under Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957. Sections 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957 are reproduced as hereunder:- "4. Prospecting or mining operations to be under licence or lease.―(1) [No person shall undertake any reconnaissance, prospecting or mining operations in any area, except under and in accordance with the terms and conditions of a reconnaissance permit or of a prospecting licence or, as the case may be, of a mining lease, granted under this Act and the rules made thereunder]: Provided that nothing in this sub-section shall affect any prospecting or mining operations undertaken in any area in accordance with the terms and conditions of a prospecting licence or mining lease granted before the commencement of this Act which is in force at such commencement: Provided further that nothing in this sub-section shall apply to any prospecting operations undertaken by the Geological Survey of India, the Indian Bureau of Mines, [the Atomic Minerals Directorate for Exploration and Research] of the Department of Atomic Energy of the Central Government, the Directorates of Mining and Geology of any State Government ( by whatever name called), and the Mineral Exploration Corporation Limited, a Government company within the meaning of [clause (45) of section 2 of the Companies Act, 2013 (18 of 2013), and any [ other entities including private entities that may be notified for this purpose, subject to such conditions as may be specified by the Central Government]. Provided also that nothing in this sub-section shall apply to any mining lease (whether called mining lease, mining concession or by any other name) in force immediately before the commencement of this Act in the Union territory of Goa, Daman and Diu. (1A) No person shall transport or store or cause to be transported or stored any mineral otherwise than in accordance with the provisions of this Act and the rules made thereunder. (2) No mineral concession shall be granted otherwise than in accordance with the provisions of this Act and the rules made thereunder. 4 NA528 No. 42594 of 2025 (3)Any State Government may, after prior consultation with the Central Government and in accordance with the rules made under Section 18, [undertake reconnaissance, prospecting or mining operations with respect to any mineral specified in the First Schedule in any area within that State which is not already held under any mineral concession.

21. Penalties.―(1) Whoever contravenes the provisions of sub-section (1) or sub- section (1A) of section 4 shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to five lakh rupees per hectare of the area. (2) Any rule made under any provision of this Act may provide that any contravention thereof shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five lakh rupees, or with both, and in the case of a continuing contravention, with additional fine which may extend to fifty thousand rupees for every day during which such contravention continues after conviction for the first such contravention.] (3) Where any person trespasses into any land in contravention of the provisions of sub-section (1) of section 4, such trespasser may be served with an order of eviction by the State Government or any authority authorised in this behalf by that Government and the State Government or such authorised authority may, if necessary, obtain the help of the police to evict the trespasser from the land. (4) Whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and, for that purpose, uses any tool, equipment, vehicle or any other thing, such mineral tool, equipment, vehicle or any other thing shall be liable to be seized by an officer or authority specially empowered in this behalf. (4A) Any mineral, tool, equipment, vehicle or any other thing seized under sub-section (4), shall be liable to be confiscated by an order of the court competent to take cognizance of the offence under sub-section (1) and shall be disposed of in accordance with the directions of such court. (5) Whenever any person raises, without any lawful authority, any mineral from any land, the State Government may recover from such person the mineral so raised, or, where such mineral has already been disposed of, the price thereof, and may also 5 NA528 No. 42594 of 2025 recover from such person, rent, royalty or tax, as the case may be, for the period during which the land was occupied by such person without any lawful authority. (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence under sub-section (1) shall be cognizable."

5. Therefore, in the interest of justice, the matter shall be listed as fresh for hearing again on 02.12.2025 at 12:00 noon. On the date fixed, the Investigating Officer of the present case shall remain present in the Court to clarify the observations made herein. November 3, 2025 Nitendra (Vivek Kumar Singh,J.)