<p>The High Court has said that mere manufacturing M-sand would not amount to a violation of the Mines and Minerals (Development and Regulation) Act,1957 (MMDR Act) under the Stone Crushers Act, 2011. </p>.<p>Justice Suraj Govindaraj, however, declined to quash the criminal proceedings observing that the petitioner is required to make available during the trial the proper permit/licence as regards the building stone since it is used for manufacturing of M-sand.</p>.<p>The petitioner SVB Stone Crushers, Tumakuru, had challenged the proceedings before the Principal Civil Judge and JMFC, Kunigal, Tumakuru district.</p>.<p>The criminal proceeding was based on the private complaint filed by the geologist. It was stated in the complaint that the petitioner had only obtained consent for operation (CFO). However, without obtaining a Form-C licence, the petitioner carried out stone-crushing activities resulting in the manufacturing of M-Sand. This is an offence under the provisions of the MMDR Act, Karnataka Minor Mineral Rules and Karnataka Regulation of Stone Crushers Act, the complaint stated.</p>.<p>The advocate contended that the petitioner has only manufactured M-sand by crushing a building stone. Since M-sand is not a minor mineral, no offence has been committed under the Stone Crushers Act and MMDR Act. The government submitted that a minor mineral is used for manufacturing M-sand. Therefore, unless there are any documents produced by the petitioner to establish that the minor mineral was brought to the stone crusher of the petitioner under a valid permit, after having paid valid royalty, the petitioner cannot claim that M-sand is not a minor mineral.</p>.<p>Justice Suraj Govindaraj held that criminal action could be initiated if any person were to manufacture M-sand by crushing building stone or any other stone without obtaining a licence in Form-C under the Stone Crushers Act of 2011.</p>.<p>On the alternative submission, the court said that though mere manufacturing of M-sand would not amount to a violation of the MMDR Act, proper permit/licence as regards the use of building stone and documentary proof relating thereto are required to be made available.</p>.<p>“It is, therefore, left open to the petitioner to place on record before the trial court the documents related to the building stone and/or any other material used for the purpose of manufacturing M-sand including necessary transport permits to transport the said building stone or any other stone to the stone crusher of the petitioner,” the court<br />said.</p>
<p>The High Court has said that mere manufacturing M-sand would not amount to a violation of the Mines and Minerals (Development and Regulation) Act,1957 (MMDR Act) under the Stone Crushers Act, 2011. </p>.<p>Justice Suraj Govindaraj, however, declined to quash the criminal proceedings observing that the petitioner is required to make available during the trial the proper permit/licence as regards the building stone since it is used for manufacturing of M-sand.</p>.<p>The petitioner SVB Stone Crushers, Tumakuru, had challenged the proceedings before the Principal Civil Judge and JMFC, Kunigal, Tumakuru district.</p>.<p>The criminal proceeding was based on the private complaint filed by the geologist. It was stated in the complaint that the petitioner had only obtained consent for operation (CFO). However, without obtaining a Form-C licence, the petitioner carried out stone-crushing activities resulting in the manufacturing of M-Sand. This is an offence under the provisions of the MMDR Act, Karnataka Minor Mineral Rules and Karnataka Regulation of Stone Crushers Act, the complaint stated.</p>.<p>The advocate contended that the petitioner has only manufactured M-sand by crushing a building stone. Since M-sand is not a minor mineral, no offence has been committed under the Stone Crushers Act and MMDR Act. The government submitted that a minor mineral is used for manufacturing M-sand. Therefore, unless there are any documents produced by the petitioner to establish that the minor mineral was brought to the stone crusher of the petitioner under a valid permit, after having paid valid royalty, the petitioner cannot claim that M-sand is not a minor mineral.</p>.<p>Justice Suraj Govindaraj held that criminal action could be initiated if any person were to manufacture M-sand by crushing building stone or any other stone without obtaining a licence in Form-C under the Stone Crushers Act of 2011.</p>.<p>On the alternative submission, the court said that though mere manufacturing of M-sand would not amount to a violation of the MMDR Act, proper permit/licence as regards the use of building stone and documentary proof relating thereto are required to be made available.</p>.<p>“It is, therefore, left open to the petitioner to place on record before the trial court the documents related to the building stone and/or any other material used for the purpose of manufacturing M-sand including necessary transport permits to transport the said building stone or any other stone to the stone crusher of the petitioner,” the court<br />said.</p>