When a geologist approached an Asst. Public Prosecutor (APP) of a Judicial Magistrate Court to file a complaint regarding illegal mining and transportation of minerals, the APP apprehended that the opposite party might argue that in Kerala, no special court has been established under Section 30B of the MMDR Act, and hence the jurisdictional Magistrate lacks authority to try the case.
Similar question was raised in WP(C) NO. 17394 of
2022. In the writ petition, it was argued that Section 30B of the MMDR
Act mandates that Special Courts have to be constituted by the State for trying
cases under the MMDR Act. The crux of the arguments in the writ petition was
that Section 30B of the MMDR Act contemplates constitution of Special Courts to
try offences under the Act and since Special Courts are not constituted by the
Government, prosecution is not possible and without prosecution, there cannot
be any confiscation. If there cannot be a confiscation, then there cannot be
any seizure either.
The Hon’ble High Court of Kerala in judgement WP(C) NO.
17394 dated 30.11. 2022, clearly clarified the matter as follows:
“The words “The State Government may” with which Section 30B
begins would only show that the Section is only an enabling provision for the
State to constitute Special Courts for
the purpose of speedy trial of offences under the Act. Section 30B does not
give mandatory direction to constitute Special Courts. If Special Courts are
not established, the prosecution and trial of offences under the MMDR Act would
be governed by the general provisions of the Cr.P.C.”
For more information read the judgment below. If anyone raises this type of question in future, a copy of
the below judgment can be shared
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