In a stern stance against environmental crimes, the Punjab and Haryana High Court refused to grant pre-arrest bail to a man accused of illegal mining in the Satluj River, underlining the environmental harm caused by such activities.

“Humanity has suffered enough environmental damage,” remarked Chief Justice Sheel Nagu during the hearing. He emphasized that the seriousness of illegal river mining cannot be overlooked, even if the law prescribes lesser punishment for it.

“That humanity has suffered enough environmental damage especially to the river as well as to the environment at large, the offence of illegal mining in rivers needs to be taken in all seriousness despite less punishment prescribed under the said Act,”
— Chief Justice Sheel Nagu

Read Also:- Kerala High Court: No Court Nod Needed for Passport Renewal If No Final Report or Cognizance Taken

The accused had approached the Court seeking anticipatory bail for offences under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 21 of the Mines and Minerals (Development and Regulation) Act.

According to the prosecution, a JCB machine involved in illegal mining on the Satluj riverbed was seized by the police. The driver escaped, but the vehicle was registered in the petitioner’s name.

The petitioner’s counsel argued that the JCB was not used for mining but for earth work assigned through a Gram Panchayat resolution, which permitted filling mud at a village water tank. It was claimed that the JCB was extracting soil from a road, not the river.

Read Also:- Kerala High Court Holds Bank Accountable for Cashing Cheques with Forged Signatures

The counsel further cited Section 41-A CrPC (now Section 35 of the BNSS 2023), stating that the grounds of arrest were not communicated to the petitioner.

However, the Court rejected the claim, noting that the requirement to inform grounds of arrest arises only at the time of arrest, and in this case, the petitioner had merely expressed fear of arrest.

On the Gram Panchayat resolution, the Court raised doubts about its authenticity:

“The date of the resolution matches the date of the alleged incident, and the possibility of it being a manufactured document cannot be ruled out,”
— Punjab and Haryana High Court

Read Also:- Kerala High Court Allows Conditional Arrest of Sister Ship MV MSC Polo II in Cargo Loss Claim

The Court observed that questions like the location and use of the JCB are factual and should be decided during trial, not at the bail stage.

Finding no merit in the anticipatory bail plea, the Court dismissed the petition, reinforcing the need to treat environmental offences with seriousness.

Title: Gurdial Singh Kachure v. State of Punjab

Mr. Lakhwinder Singh Mann, Advocate, for the petitioner.

Mr. Jastej Singh, Addl. Advocate General, Punjab.