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Discretionary Powers For Anticipatory Bail Cannot Be Extended To Persons Indulging In Illegal Sand Mining, Smuggling & Theft Of Sand And Minerals: Madras HC

Questioning itself whether the discretionary power under Section 438 of Cr.P.C can be routinely exercised for cases of illegal quarrying/mining, theft and smuggling of sand and minerals, the Madras High Court, finding, that the discretionary power has been consciously and continuously misused by the offenders and the enforcers as well in an organised manner, observed that the anticipatory bail cannot be extended to persons indulging in illegal sand mining, smuggling and theft of sand and minerals.

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