(1.) IN this application, four trucks with coal were seized on 16-6-1989. By the interim order passed by this Court on 23-6-1989, the seized trucks have been released on the Supratnama of Petitioner No. 1 Sanjay Kumar Agrawal (the present applicant No. 1), on his furnishing a Bond of Rs. 1,00,000/- to the satisfaction of the Station House Officer, Lakadganj Police Station, Nagpur. Time was granted to the non-applicant No. 1 State of show any further Notification suiersedinci the one dated 24th July, to enable the Police to investiciate the matter. The notification which is in force is as follows: In pursuance of Clauses 12-B and 12-E of the Colliery Control Order, 1945, as continued in force by Section. 16 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby authorises a person (a) to acquire or purchase or agree to acquire or Purchase, or (b) to despatch or agree to despatch or transport, or (c) to divert or transfer. Without any order of allotment or written authority, non-coking coals of all grades produced in all coal fields, coking coals not required for matallurgical consumers and coal produced in Assam. Provided that such coal shall be consumed within India. (emphasis supplied) In view of this Notification, there is no case against the applicants. No further Notification superseding the one reproduced above has been brought on record, despite granting of a considerable time.
(2.) THE learned Counsel for the applicants Shri Manohar, invited my attention to the decision in the, case reported in State of West Bengal and ors. v. Swapan Kumar Guha and ors1 in which, Their Lordship of the Supreme Court observed TTIf, on the other hand, the Court on a consideration of the relevant materials is satisfied that no offence is disclosed, it will be the duty of the Court to interfere with any investigation and to stop the same to prevent any kind of uncalled for and unnecessary harassment to an individual. Under the aforesaid Notification dated 24th July, 1967, any person can transport coal without any order of allotment. In view of this position and in view of the observations made in the case cited supra, which apply with equal force to the facts of the instant case, rule has to be made absolute.
(3.) IN the result, the application is allowed Rule is made absolute. The investigation pending is hereby quashed and set aside as prayed. The seizure of the trucks is hereby quashed. Security Bond obtained by virtue of an interim order passed by this Court on 23-6-1989 is also hereby set aside and the non-applicant No. 3, the Police Inspector, is hereby directed to return the accountbooks seized to the person from whom they were seized.