Madras High Court
CRL OP/30042/2026 of Paramasivam Ganesan Vs State Rep by The Inspector of Police on 14 October 2026
CRL OP No. 30042 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 30042 of 2026
and Crl.M.P.No.20031 of 2026
CNR: {HCMA012506722026}
Paramasivam Ganesan
S/o Kanesan,
No.238, Mariyamman Koil Street,
Keezhssiviri Village, Sokkanthangal Post, Markkanama TK, Villupuram
..Petitioner(s)
Vs
1. State Rep by The Inspector of Police
Brammadesam Police Station,
Villupuram District.
Crime No.146 of 2026.
2. D.Bernart,
S/o Dharmalingam,
Assistant Director(Geology and Mining),
Pillaiyar Koil Street, Kunnathur Village, S Kunnathur, Vikravandi Taluk, Villupuram
..Respondent(s)
Prayer : Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records relating to Crime NO.146 of 2026 on the file of the Inspector of Police, Brammadesam Police Sttion, Villupuram and Quash the same and pass such further or other orders as this Honble Court may deem fit and proper in the above circumstances and thus render Justice.
( Uploaded on: 29/10/2026 04:07:13 pm )
CRL OP No. 30042 of 2026
For Petitioner(s):
Mr.C.Iyyapparaj for G.Paramasivam
For Respondent(s):
Mr.R.Ganesh Kumar
Additional Public Prosecutor for R1
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This petition has been filed to quash the FIR in Crime No.146 of 2026 pending on the file of the first respondent police.
2. The case of the prosecution is that, on 28.07.2026, during a surprise inspection at Nalmukkal Village, the officials detected illegal quarrying without a valid permit in the stone quarry belonging to Mr. P. Yuvaraj, where quarrying operations had previously been suspended due to excessive mineral extraction. The persons involved fled the scene, and the officials seized five excavators and one Taurus lorry bearing Registration No. TN-16-K-5252. Based on the complaint lodged by the 2nd respondent, 1st respondent registered the FIR in Crime No.146 of 2026 for the offence under Sections 303(2), 21(1) ans 21(4) of Mines and Minerals (Development & Regulations) Act, 1957.
3. On perusal of the records, the petitioner is the owner of the vehicles which were operating under the business name of M/s. VKS Blue Metals. The quarrying and transportation activities were being carried on lawfully pursuant to a valid quarry lease agreement dated 27.09.2022, granted by the Government of Tamil Nadu for a period of ten years.
( Uploaded on: 29/10/2026 04:07:13 pm )
CRL OP No. 30042 of 2026
4. Even according to the case of the first respondent, the petitioner is only the owner of the lorry and he had no connection with the quarry operations carried on by the lessee. Further, no transportation of minerals had taken place at the time of the surprise inspection, The vehicle belonging to the petitioner was merely found stationed at the quarry site, and no minerals had been loaded, dispatched, or transported therefrom. The seizure mahazar also categorically reveals that the vehicle was seized without any mineral being found loaded therein. The mere physical presence of an empty transport vehicle at a quarry operating under a valid lease cannot, by any stretch of legal interpretation, constitute illegal transportation of minerals.
5. In order to attract the offense under Section 303 of BNS, there must be a prima facie case disclosing a dishonest intention to take movable property out of the possession of another person, coupled with an overt act towards the commission of such offence. In the case on hand, the seizure mahazar discloses only the seizure of the vehicle and does not indicate the seizure or transportation of any mineral. Therefore, the ingredients of the offence under section 303 of BNS are not attracted as against the second accused.
6. Further, to attract the offense under Section 21(1) and 21(4) of MMDR Act, whoever contravenes the provisions of sub-section(1) or sub-section(1A) of
( Uploaded on: 29/10/2026 04:07:13 pm )
CRL OP No. 30042 of 2026
Section 4 shall be punishable with imprisonment for a term which may extend to five years. The proviso would reveal that if the minerals were transported illegally, then it would constitute the above said offense. But in the case on hand, the quarry is licensed and there are no minerals recovered from the vehicles. Therefore, no offence is made out under the MMDR Act as against the petitioner.
7. In view of the above circumstances, keeping the FIR pending for further investigation would not serve any purpose. Accordingly, the FIR in Crime No.146 of 2026 is hereby quashed and this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MPA
( Uploaded on: 29/10/2026 04:07:13 pm )
CRL OP No. 30042 of 2026
To
1. The Inspector of Police Brammadesam Police Station, Villupuram District. Crime No.146 of 2026.
2. The Public Prosecutor, High Court, Madras.
( Uploaded on: 29/10/2026 04:07:13 pm )
CRL OP No. 30042 of 2026
G.K.ILANTHIRAIYAN, J. MPA CRL OP No. 30042 of 2026 and Crl.M.P.No.20031 of 2026 14-10-2026
( Uploaded on: 29/10/2026 04:07:13 pm )