Officials abetting sand smuggling will be punished under

The Madras High Court today warned that officials abetting sand smuggling would be punished under the Goondas Act.

It directed the state home secretary, DGP, and the Directorate of Vigilance and Anti-Corruption (DVAC) to issue circulars/instructions in this regard to all law enforcing authorities in Tamil Nadu.

A division bench of Justices S M Subramaniam and S Ramathilagam was passing orders on an Habeas Corpus petition filed by the wife of Babu, who was detained under the Goondas Act for being involved in sand smuggling.

A habeas corpus plea (HCP) is filed to ensure that a person under illegal detention is produced in the court and set free.

 

Allowing the HCP, the court observed that "piecemeal" implementation of the Act would not only encourage habitual offenders but also provide scope for corrupt activities by officials.

The executives/police officials abetting such commission of offence by receiving "mamool" or indulging in corrupt activities are also certainly to be punished under the Goondas Act and that is the very spirit of the Act.

Thus the officials, involved in abetting the commission of offence, are to be brought under the definition of "Goondas" or as "sand offenders".

The bench then directed the state home secretary, DGP and DVAC, to issue circulars in this regard to all law enforcing authorities, including the police stations and revenue officials, across the state.

The circulars should clearly state that public servants, who are abetting the commission of an offence of "sand smuggling" will be punished under the 'Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand offenders, Slum-grabbers and Video Pirates Act,1982.'

Setting the detenue free, the court said, "There is a considerable delay on the part of competent authorities in considering the representation submitted on behalf of the detenue Babu. Accordingly the HCP stands allowed."

"The detenue is set at liberty, if he is not otherwise required in any other cases," it said.