SHANKAR LALMANIYAR Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Revision Case is directed against the judgment rendered by the Sessions Judge, Khammam, in Crl.A.No.164 of 1998, dated 14.09.2000, confirming the order passed by the Joint Collector in M.C.No.55 of 1996, dated 13.12.1996, ordering confiscation of the stock of 10 M.Ts of coal along with the vehicle seized at Julurpad to the Government and in lieu of the vehicle, ordering forfeiture of security deposit of Rs.8,000/- to the Government and also ordering confiscation of 30 M.Ts of coal seized at Palwancha from the first petitioner herein to the Government.

(2.) The factual matrix that is required for consideration is briefly stated as follows: - On 04.08.1996, the Vigilance Department of Singareni Collieries Company Limited, Kothagudem caught hold of one coal lorry bearing No.AP-9-T-2385 and handed over the case to the Vigilance cell, (CS) Department, for investigation on the ground that the subsidised S.C.C. coal was being mis-utilised and diverted by certain Coal Brokers instead of selling to the actual parties which amounted to violation of the provisions of Clauses-12-B, 12-E, and 12-C of Colliery Control Order, 1945 (hereinafter referred to as 'the Control Order') read with Section-6-A of the Essential Commodities Act, 1955 (hereinafter referred to as 'the E.C. Act'). The Inspector of Police, (VC-CSD), Khammam, seized the lorry bearing No.AP-9-T-2385. The Vigilance official also seized 10 M.Ts of S.C.C. coal under a cover of panchnama in the premises of his office at Khammam. He inspected the Carbon Products and Chemicals at Palwancha pertaining to Shankar Lalmaniyar i.e. the first petitioner herein and! seized 30 M.Ts of S.C.C. coal. Thereafter, the Vigilance officer, (VC-CSD), Khammam, laid a complaint before the Joint Collector, Khammam-Sri Krishna Maniyar. The Joint Collector issued a show cause notice to the respondents under Section-6-B of the E.C.Act after being satisfied with the material on record regarding commission of offence.

(3.) The petitioners herein have contended before the Joint Collector that the lorry along with the load was seized by the Vigilance Department of S.C.C. Limited, Kothagudem, and that they were not shown as the accused in the F.I.R. register. The second contention is that in continuation of the alleged seizure of 10 M.Ts of coal and lorry on 04.08.1996, the Vigilance officials visited the premises of the petitioners herein on 06.08.1996 and seized 30 M.Ts of coal and the names of the petitioners herein were not mentioned in those F.I.Rs. The third contention is that there is no rule showing that coal is to be transported only with the way bills issued by the S.C.C. Limited, which is a Central Government undertaking, but not on the other way bills. The fourth contention is that the stock register and the way bills clearly account for the coal dumped in the premises and the seizing of stock register, way bills, 30 M.Ts of coal without verifying the said registers is bad. The! fifth contention is that the Vigilance officer has not verified the way bills at all and with regard to the way bills numbering 5434027, 028 and 029, the purchasers have brought the material to his premises and finished product are transported from his premises and the way bills are issued. The sixth contention is that the second petitioner being Proprietor of J.J. Corporation is entitled to do business in coal products and the transportation of the coal is not illegal. Insofar as the owner and driver of the seized lorry are concerned, they have contended that they have not violated any provisions of law and the goods are being transported under proper way bills and they have no knowledge or connivance with regard to the illegal transport. The last contention is that there is no contravention of Clause-12 of the Control Order and the same is not applicable.