Jammu & Kashmir High Court – Srinagar Bench
Zahid Ahmad Bhat vs Union Territory Through Police on 25 June, 2025
S.No. 4
Suppl. list
HIGH COURT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Bail App 105/2025
CrlM(841/2025)
ZAHID AHMAD BHAT ...Petitioner(s)/Appellant(s)
Through: Mr. Aswad Attar, Advocate.
Vs.
UNION TERRITORY THROUGH POLICE ...Respondent(s)
STATION ANANTNAG AND ORS.
Through:
CORAM:
HON'BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE
ORDER
25.06.2025
1. Petitioner has invoked the extraordinary jurisdiction of the Court u/s 482
of BNSS seeking protection in anticipation of his arrest in FIR No.
0097/2025 registered under Section 303 of BNS and Section 4/21 of the
Mines and Minerals (Development and Regulations ) Act, 1957 ( for short
‘the Act”) mainly on the ground that as per the Rules framed under the Act
known as the Jammu and Kashmir Minor Mineral Concession, Storage,
Transportation of Minerals, and Prevention of Illegal Mining Rules 2016,
a formal FIR can be registered only against the third time offender,
however, insofar as the petitioner is concerned, he is not involved in any
such offence previously. Therefore, FIR registered against the petitioner is
dehors the rules having statutory force. Learned counsel further submits
that the offence under section 303 BNS is the offshoot of alleged mining
activities by the petitioner.
2. I have heard the learned counsel for the petitioner and perused the record.
3. Chapter XI of the Rules deals with illegal or unauthorized mining and as
per Rule 75.3 only if a person is found to be indulging in any such offence
for the third time, the officer concerned shall lodge the FIR. Rule 75.3 for
the sake of brevity is reproduced thus:
“75.3. Wherever a person is found to be indulging in
such offence for the third time or more, the officer
concerned shall lodge an FIR and handover all such
tools, equipment’s, vehicles or any other things used
for such un-authorized operation to the police. Any
such offence shall entail;
(a) confiscation of all such tools, equipment’s,
vehicles or any other things used for such un-
authorized operation for a minimum period of thirty
days or more, and
(b) Pecuniary penalty and punishment for the offence
as provided under Section 21, 23A & Section 23B of
the Mines and Minerals (Development & Regulation)
Act, 1957.”
4. In view of the submissions made by the learned counsel for the petitioner
coupled with the fact that the petitioner has specifically averred in para 12
of the petition that there is nothing in the FIR suggestive of the fact that
he is a repeated offender, which authorizes the police for registration of a
formal FIR.
5. Keeping in view nature of offence and also the rule position, as discussed,
prima facie case for indulgence is made out.
6. Notice to the respondents returnable within four weeks. Requisites for
service within one week.
7. List on 06.08.2025.
8. Keeping in view the statutory provisions as discussed hereinabove, prima
facie it appears that there is nothing borne out of record suggestive in the
FIR that the applicant is a repeated offender, as such, the petitioner’s
liberty is required to be protected at this stage.
9. Therefore, in view of the above, in the event the petitioner is arrested, he
shall be released on bail subject to the following conditions:
i. That he shall furnish personal bonds in the sum of Rs. 50,000/- with
one surety each in like amount to the satisfaction of the Investigation
Officer concerned.
ii. That he shall appear before the Investigating Officer as and when
required for the purposes of the investigation of the case.
iii.That he shall not tamper with the prosecution evidence.
iv. That he shall not leave the territorial limits of the Court without prior
permission of the Investigating Officer concerned.
(SHAHZAD AZEEM)
JUDGE
SRINAGAR
25.06.2025
Hilal Ahmad