RAJ KUMAR KEDIA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The Petitioners are transporters. They are accused in Case No. 3/ 2007 (CBI v. M.C. Ghosh and Ors.) pending in the Court of Special Judge (CBI), Raipur. They have filed these petitions for quashing of the charge-sheet No. 9 dated 28.6.2007 filed by the CBI (subject matter of the aforesaid case) in F.I.R. No. RC-4(A) 2004/CBI/JBR dated 31.3.2004.

(2.) The facts, briefly stated are as under:

(3.) Mr. Surendra Singh, learned Sr. counsel appearing on behalf of the Petitioner in W.P.(C) No. 6345/2007, argued that the Petitioners/purchasers/ transporters are innocent. They were not knowing that the actual carrying capacity of the vehicles were 25 M Ts. They believed on the sale certificates issued by the dealers to them showing the carrying capacity of 28-30 Metric Tones. Accordingly the sale certificates were produced before the concerned R.T. Os. and registration certificates were issued of 28-30 Metric Tones. It came in the knowledge of the Petitioners, for the first time, on 24.9.2001 when the said order was issued by the R.T.O. Thereafter the writ petition was filed and on the strength of the interim order dated 8.12.2001 the vehicles were being plied. This shows the bonafides of the Petitioners. Therefore, in absence of mens rea no prima facie case is made out against the Petitioners.