Surendra Kumar Shivhare Vs. State of M.P. & Ors.

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 11693 of 2020, Judgment Date: Mar 09, 2021

Law Laid Down:- 

(1) The power u/R.20(2) M.P. Sand (Mining, Transportation Storage and Trading) Rule, 2019 cannot be exercised without affording reasonable opportunity of being heard to the alleged illegal transporter on three aspects i.e. (i) whether material alleged to be unlawfully transported is sand or not (ii) whether the illegal transporter holds valid Electronic Transit Pass (ETP) or not and (iii) whether sand being transported is in excess of the amount of sand permissible in ETP.

(2) Proviso placed at the end of Rule 20(3) of 2019 Rules applies to Rule 20(2) also.

Surendra Kumar Shivhare Vs. State of M.P. & Ors.