ED’s direction to Punjab mining department ‘add more sections in Chaudhary’s FIR’; department yet to contact police
Kanwar Inder Singh/ royalpatiala.in
The enforcement directorate (ED) has instructed the Punjab mining department to add more sections in the already lodged FIR against mining contractor Rakesh Kumar Chaudhary, for alleged illegal mining on the complaint of the mining department.
An official letter has been written by the enforcement directorate (ED) to the chief engineer, drainage-cum-mining geology-I, department of water resources, mining and geology, Punjab on November 16,2022 on this issue.
Acting on the ED’s letter, the state mining department has issued a letter to the executive engineer cum district mining officer Rupnagar and Sri Anandpur Sahib to act immediately as per ED’s instruction and respond to the chief engineer, drainage-cum-mining geology-I, department of water resources, mining and geology ,Punjab in two days.
When contacted the SHO Nangal police station Danishveer Singh, where the FIR number 150 was registered to know whether the required sections were added in the FIR as per ED’s letter, he said “no new, additional sections under IPC are added in FIR number 150 dated November 2,2022 as no one,no official has contacted us, asked us to add any new sections, till time.”
Punjab police has registered an FIR no 150 dated November 2,2022 at Police Station Nangal in Ropar district under section 21 (1), 4 (1) of Mines and Minerals (Regulation of Development ) Act,1957 and 379 of IPC 1860 on the basis of complaint made by sub-divisional officer , drainage-cum-mining , sub-division, Nangal against Rakesh Kumar Chaudhary, contractor of Sensowal De- silting mining site.
It was alleged that Chaudhary conducted illegal mining at the saidde-silting site and extracted illegal quantity of material to the tune of 2,34,768 MT and failed to intimate the mining department through FORM-N on monthly basis.
ED officers alleged that the “contractor has mis-declared the quantity of material extracted during the period of contract with a criminal intent in order to defraud the public exchequer, which appears to have caused huge wrongful loss to the public exchequer. Further, the possibility of hatching a criminal conspiracy by said Rakesh Kumar Chaudhary alongwith other associated private persons/ public servants cannot be ruled out in this case.”
ED letter read,” the act of contractor Rakesh Kumar Chaudhary appears to have attracted not only the penal provisions under sections 21 (1), 4 (1) of Mines and Minerals (Regulation of Development ) Act,1957 and 379 of IPC 1860 as per the FIR no 150/2022 but, also section 120-B (criminal conspiracy), 418 ( Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect)and 420 (Cheating and dishonestly inducing delivery of property), 467 (Whoever forges a document which purports to be a valuable security), 468 (Whoever commits forgery, intending that the [document or electronic record forged] shall be used for the purpose of cheating) , 471 (whoever fraudulently or dishonestly uses as genuine any [document or electronic record] which he knows or has reason to believe to be a forged [document or electronic record]) , etc of IPC 1860 must be added in the FIR. So, it is requested to intimate the office whether Drainage-Cum-Mining Department has requested / contemplating to request the Police authorities for registration of FIR under other sections, in addition to those already invoked in FIR. Also, whether any other complaints have been issued by the mining department against the said contractor. If, yes than the copy of the same along with enquiries conducted maybe intimated this department.”
ED’s direction to Punjab mining department ‘add more sections in Chadhary’s FIR’; department yet to contact police. Chaudhary got the contract of nearly 10 quarries in the Rupnagar district in 2019, which was to expire in March 2023.