In S. Mohamed Shahul Hameed v. State represented by the inspector of police, the Supreme Court held that there can be no blanket ban on granting bail in cases of illegal mining, smuggling minerals and sand. Each case should be decided on its own merits, therefore there cannot be a complete ban or blanket ban on granting anticipatory bail.
It affects the individual’s right.It was noted that the High Court on September 3rd had held that no bail shall be granted in the cases which involve illegal mining and transporting minerals. The High Court observed that the discretionary power is misused, so the court decided not to extend such powers to the offenders of illegal mining and smuggling of sand and minerals. The greed of the offenders are increasing rapidly, so the courts are unable to keep their eyes and ears closed. Though the anticipatory bail is availed with huge costs, the offenders easily pay such amount from their earnings of illegal business.
The Supreme Court disagreed with the broad sweep mentioned in the Balasubramani v. State. The court observed that there cannot be blanket ban on granting anticipatory bails in such cases.