In Brief
The Supreme Court upheld criminal prosecution under the Indian Penal Code for alleged illegal mining, rejecting the appellant's contention that the conduct was punishable only under the Mines Regulation Act. The Court held that the existence of a special statute does not bar prosecution under general criminal law for the same conduct. Violation of the Mines Regulation Act being cognizable, police could investigate and prosecute it. However, specific prosecutions under the Mines Regulation Act require mandatory authorisation. The appeal was allowed and the High Court's decision upholding the Magistrate's cognizance was affirmed.
The lawyer headnote and full judgment text are available to registered users.