P&H HC directs Punjab DGP to ensure confidential leads on illegal mining are not leaked to offenders

Taking note of the rise in instances of illegal miners fleeing the scene of police raids conducted pursuant to secret information, the Punjab and Haryana High Court has directed the DGP of Punjab to ensure the confidentiality of such information..The Bench of Justice Arun Kumar Tyagi observed that most cases before the Court relating to the Mines and Minerals (Development and Regulations) Act, 1957 and the Punjab Excise Act, 1914 seemed to involve offenders fleeing the scenes of police raids. .This pointed to the possible leakage of information from the investigating officer's side, the manipulation of records, or improper raids, the Court opined. As noted in its order,."This coincidence in all such cases is very strange and is suggestive of either leakage of information regarding the raid to the offender by some police officer/official or manipulation of record by the police officers/officials conducting the raid who allow the offenders to escape or inefficiency of the raiding police officers/officials in suffering escape of the offenders despite their empowerment by law to use reasonable force for preventing such escape. In any of the above referred eventuality remedial measures are required to be taken for ensuring efficient administration of criminal justice by arrest of the offenders on the spot in case of such raids.".The Court, therefore, directed,."The Director General of Police, Punjab is directed to look into the matter personally and issue appropriate instructions for taking of appropriate remedial measures for conducting of such raid with requisite secrecy, co-ordination and communication with the concerned SHO/higher police officers to prevent escape of offenders in such cases."Punjab and Haryana High Court.Emphasizing upon the need to maintain the confidentiality of information, the Court suggested that offenders be arrested on the spot of the raids. The Court further directed the Police to use audio and video equipment for such operations. .The observations came pursuant to a plea filed in the High Court by one Bittu Ram who sought anticipatory bail after being booked for illegal mining. .His name cropped up in secret information received by the police, in which it was alleged that he sold illegally mined sand at higher rates. Acting upon the information received, the police raided the place where the accused supposedly conducted his trade. However, the police found a tractor-trolley filled with sand, whose driver had fled the scene on seeing the police approach..The accused, apprehending arrest, claimed that he was being framed and that the charges against him were false. He undertook to appear before authorities and join the investigation..The Court accepted his submissions and enlarged him on bail. .Advocate Ferry Sofat represented the accused, Bittu Ram..Read the Order here: