Madras HC: Route deviation with valid transit pass not theft

The Madurai Bench of the Madras High Court has ruled that transporting minerals under a valid transit pass, even if the route specified in the pass is violated, does not constitute theft or illegal mining under relevant laws.

Justice R. Vijayakumar made the observation while quashing an FIR against Asaithambi of Madurai district. The petitioner was transporting fencing stones in his tractor from Melur to Alanganallur under a valid transit pass. However, his vehicle was intercepted at Palamedu, which was not on the prescribed route.

The Palamedu police had registered a case under Section 303(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, which deals with theft, and Section 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957, which concerns illegal mining and transportation of minerals.

The petitioner's counsel argued that even if the route was violated, the offences under these provisions were not attracted. The State, represented by the prosecution, contended that route violation itself constituted an offence under both sections.

The court noted that the only allegation in the FIR was that the transit pass specified a route from Melur to Alanganallur, but the tractor was found at Manickampatti, which is not on that route. The court observed that the petitioner had a valid transit pass and was transporting the fencing stones through a different route, not stealing them or mining illegally.

“In such circumstances, invoking Section 303(2) of BNS or Section 21(5) of the Mines and Minerals (Development and Regulation) Act would not be legally sustainable,” the court said. It added that continuing criminal proceedings against the petitioner would be an abuse of the process of law and quashed the FIR.

The ruling clarifies that a mere deviation from the permitted route in a transit pass does not automatically amount to theft of government property or illegal mining. The judgment underscores the need for precise application of criminal law in cases involving regulatory violations.