M.R. Shah JUDGMENT
M.R. Shah, J.
1. Leave granted.
2. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 11.05.2020 passed by the High Court of Madhya Pradesh, Bench at Indore in M. Cr.C. No. 49338/2019 and M. Cr.C. No. 49972/2019, the original Petitioner as well as the State of Madhya Pradesh have preferred the present appeals.
By the impugned common judgment and order, the High Court has dismissed the aforesaid applications filed Under Section 482 Code of Criminal Procedure to quash the respective FIRs for the offences Under Sections 379 and 414, Indian Penal Code, Sections 4/21 of the Mines & Minerals (Development & Regulation) Act, 1957 (hereinafter referred to as the 'MMDR Act') and Under Rule 18 of the M.P. Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006 (hereinafter referred to as the '2006 Rules').
3. The facts in nutshell are as under:
On a surprise inspection, the respective Mining Inspectors checked the tractor/trolleys of the private Appellants along with the minor mineral (sand/storage/yellow soil etc.) loaded in them. They handed over the tractor/trolleys to the concerned police stations to keep them in safe custody. Finding the private Appellants indulged in illegal mining/transportation of minor mineral, the mining Inspectors prepared their respective cases Under Rule 53 of the Madhya Pradesh Minor Mineral Rules, 1996 (hereinafter referred to as the '1996 Rules') and submitted them before the Mining Officers with a proposal of compounding the same for the amount calculated according to the concerned 1996 Rules. The concerned Mining Officers submitted those cases before the Collector, who approved the proposal. The violators accepted the decision and deposited the amounts determined by the Collector for compounding the cases. Their tractor/trolleys along with the minerals, which were illegally excavated/transported, were released.
3.1. That after some time, a news was published in a daily newspaper - Bhaskar on 8.9.2019 with respect to illegal excavation/transportation of mineral sand from Chambal, Shivna and Retam and other Tributary rivers flow from District Mandsuar and in surrounding places. It was revealed that due to illegal transportation of the minerals and without payment of royalty, revenue loss is occurring. It was reported that illegal mining, storage and transportation of mineral sand was being carried out at large scale. Similar kind of information was also subsequently published on 3.10.2019 in the daily newspaper - Bhaskar in Mandsuar edition. It was also reported that despite the offences Under Sections