
Summary of Landmark Constitution Bench Judgments of 2024 (Part II of III)
by Siddharth R. Gupta* and Uddaish Palya**
by Siddharth R. Gupta* and Uddaish Palya**
On 01-06-1958, the Government of India published a notification in the exercise of powers conferred under Section 3(e) of the Mines and Mineral (Regulations and Development) Act, 1957 by which brick earth was declared a minor mineral within the meaning of the 1957 Act.
The apprehension of the Detaining Authority was that since the alleged sand smuggler had been allegedly terrifying the community and creating obstacles in public order, he would engage in similar activities in future as well. However, the Court stated that such is not the criteria for a person to be detained as a ‘sand smuggler.’
Orissa High Court: Dr Akshaya Kumar Mishra, J. quashed lower court proceedings partially and directed to proceed the matter under the Penal