Observing that sand smugglers create “terror” on the basis of muscle and money power and are a menace to the public, the Bombay high court on Monday dismissed a petition challenging the Jalgaon distri
Observing that sand smugglers create “terror” on the basis of muscle and money power and are a menace to the public, the Bombay high court on Monday dismissed a petition challenging the Jalgaon district magistrate’s order to detain a man for his alleged involvement in sand smuggling.
A division bench of Justice V.K. Tahilramani and Justice Mridula Bhatkar dismissed the petition filed by Harish Patil, challenging the order directing the detention of his friend, Nilesh Desale, under The Maharashtra Prevention of Dangerous Persons, Video Pirates, Sand Smugglers and persons engaged in Black Marketing of Essential Commodities Act, 1981.
“Sand is a mineral, which is openly available on the river banks or in the river, and is required to be preserved in the interest of the public. It has been noticed that there are grave repercussions of excavation and rampant theft of sand from the riverbanks, which affects the locals as the water table and water level goes down. This affects the public in general and farmers in particular,” said the bench, adding, “It has also been noticed that sand smugglers, on the basis of muscle and money power, create terror and are a menace to the public order. Thus, a new trend of such offences has emerged, leading to a direct threat to the public order.”
The judges also noted that on account of sand smuggling, the available water levels are reduced and the ecological balance is disturbed. On account of the reduction in water levels, there is great scarcity of water for drinking purposes and for irrigation. There is monetary loss to farmers and other citizens in the area. Considering all these aspects, the bench held that the detention of Desale, who is accused of sand theft, is justified.
The order to detain Desale was passed on the basis of four criminal cases, all pertaining to the theft of sand. Apart from this, in-camera statements of two witnesses, whom the accused allegedly harassed, were also taken into account after they spoke about how Desale had terrorised local farmers and other people.
Mr Patil’s lawyer had contended that the detention order was passed in haste. The court, however, rejected the application.
