in contravention of the provisions of Section 4 and other sections of the Act, the officer empowered and authorized under the Act shall exercise all the powers including making a complaint before the jurisdictional magistrate. It is also not in dispute that the Magistrate shall in such cases take cognizance on the basis of the complaint filed before it by a duly authorized officer. In case of breach and violation of Section 4 and other provisions of the Act, the police officer cannot insist Magistrate for taking cognizance under the Act on the basis of the record submitted by the police alleging contravention of the said Act. In other words, the prohibition contained in Section 22 of the Act against prosecution of a person except on a complaint made by the officer is attracted only when such person sought to be prosecuted for contravention of Section 4 of the Act and not for any act or omission which constitute an offence under Indian Penal Code.However, there may be situation where a person without any lease or licence or any authority enters into river and extracts sands, gravels and other minerals and remove or transport those minerals in a clandestine manner with an intent to remove dishonestly those minerals from the possession of the State, is laible to be punished for committing such offence under Sections 378 and 379 of the Indian Penal Code. it was found that the minor mineral that was loaded therein was over and above the document that was there and it was mentioned that on account of excess minor mineral being there, there has been loss of revenue and the said act of petitioners is in violation of Section of the Mines & Minerals (Development & Regulation) Act, 1957 and section and U.P. Minor Minerals (Concession) Rules, 1963 and as same is punishable in view of this, the Mines Inspector proceeded to lodge FIR, and thus impelling the petitioners to be before this Court. the maintenance of supplies of commodities essential to the community as defined in the Explanation to sub-section (1) of section of the