Bandipora, Apr 22: A local court in Bandipora has acquitted an accused in an illegal mining case, holding that prosecution under the Mines and Minerals (Development and Regulation) Act (MMDR Act) cannot proceed without a mandatory complaint by an authorised officer.
The Additional Sessions Court, presided over by Additional Sessions Judge Mir Wajahat (designated Special Judge for MMDR Act cases), acquitted Imtiyaz Ahmad Bhat in connection with FIR No. 10/2026 registered at Police Station Sumbal. The case also included offences under Section 169(2) of the Bharatiya Nyaya Sanhita and Section 5/192 of the Motor Vehicles Act.
The court held that cognisance taken on the basis of a police report was legally untenable in the absence of a written complaint by an authorised officer, as required under Section 22 of the MMDR Act. It ruled that such a complaint is a prerequisite for initiating prosecution and cannot be substituted by a charge sheet filed after police investigation.
The case originated from a communication dated January 14, 2026, by the District Mineral Officer (DMO), Bandipora, alleging illegal extraction of minerals. Acting on this, police registered an FIR, conducted investigation, and filed a charge sheet.
During arguments on charge, the defence challenged the maintainability of proceedings on the ground that no formal complaint had been filed by an authorised officer. The prosecution argued that the DMO’s communication, followed by investigation, fulfilled the legal requirement.
The court rejected this contention, observing that the communication to police only triggered investigation and did not constitute a complaint in the legal sense. It clarified that a valid complaint must be filed before a Magistrate or Special Court with the intent to initiate judicial proceedings.
The court further held that while police may investigate cognizable offences, the special provisions of the MMDR Act override general procedure, making compliance with Section 22 a condition precedent for taking cognisance.
Accordingly, the accused was discharged from offences under the MMDR Act on legal grounds, without examining the merits of the allegations.
Regarding the Motor Vehicles Act violations, the court directed that the relevant part of the charge sheet be forwarded to the jurisdictional Magistrate for further proceedings. Bail bonds furnished by the accused were also discharged.
