The Kerala High Court held that unlawful extraction of mines and minerals, without an essential license or disregarding the grant conditions, will add up to robbery under Section 379 of the Indian Penal Code. (SHYBI.C.J versus Province OF KERALA)
Realities of the case
For this situation, one Shybi CJ had recorded a grumbling before the Police charging that the denounced, in the appearance of directing a stone, quarry and smasher unit in the name and style “M/s.Four Star Granites Ltd”, is separating rock far in abundance of the allowed amount and is consequently submitting burglary, which is an offense culpable under Section 379 of the IPC. Wronged by inaction of the police, he moved toward the High Court by documenting a writ request.
Dispute of the gatherings
The direction for the applicant depending on a new Supreme Court choice in Jayant versus The State of Madhya Pradesh, fought that illicit extraction/misuse of characteristic assets will add up to burglary, culpable under Section 379 of IPC.
He likewise alluded to the judgment in Kanwar Pal Singh versus The State of Uttar Pradesh where the Apex Court dismissed the conflict that, sand being a relentless property according to Section 3(26) of the General Clauses Act, its uncovering won’t establish the offense of robbery. It was held that, on being exhumed, sand loses its connection to the earth, hence, it becomes portable property or merchandise equipped for being taken.
Courts Observation and judgment
The court while discarding the appeal held that, “The points of reference previously mentioned rule out question that illicit extraction of rock, without an imperative license or disregarding the grant conditions, will add up to robbery.”
The court guided the respondent to mull over the objection recorded by the applicant charging that the blamed is separating stone in overabundance for the allowed amount and make a further take suitable move consequently inside about fourteen days.