CHHATRAPAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Revision is directed against the order dated 25.02.2014 passed by the Court of 6th Additional Sessions Judge, Sagar, in session Trial no. 62/2013 ( State of Madhya Pradesh Vs. Chhatrapal Singh and three others ), whereby a charge under Sections 471 and 420 of the Penal Code and Sec. 3 of the Prevention of Damage to Public Property Act, 1984 was framed against the applicant Chhatrapal Singh, a charge under Sec. 3 of Prevention of Damage to Public Property Act, 1984, was framed against the applicant Dayachand, a charge under Sections 467, 468 and 471 of the Penal Code was framed against the applicant Manoj Jain and a charge under Sec. 471 and 420 of the Penal Code and Sec. 3 of Prevention of Damage to Public property Act, 1984, was framed against applicant Samoon Khan.

(2.) The facts necessary for the disposal of this Criminal Revision may briefly be stated thus: Accused/applicant Chhatrapal Singh is owner and driver of truck No.M.P-20-HB-1354 and Applicant Dayachand is owner of truck No.HR-38Q-6749. Applicant Manoj Jain is transportation agent and Samoon Khan is driver of truck No. HR-38Q-6749. Applicant Manoj jain, who is a transportation agent based at Damoh, loaded 332 quintals and 30 Kilograms of gram (Chana) in truck No. HR-38Q-6749 for being transported from Damoh to Sai Trading Company, Delhi. However, he issued a builty and bill in the name of Shri Adinath Goods Carriage, Transport Contractor and Commission Agent Jawaharganj, (Galla Mandi) Bhivapur, District-Nagpur, (Maharashtra). Likewise, he loaded 332 quintals and 60 Kilograms of gram in truck No. M.P-20-HB-1354 from Damoh to Sai Trading Company, Lawrence Road, Delhi, but issued builty and bills in the name of Matarani Traders, Bhiwapur, Nagpur. Aforesaid goods were loaded in two trucks on 21.04.2012 and the builty and bills were handed over to the drivers of truck No. M.P-20-HB-1354 Chhatarpal Singh and driver of truck No. HR-38Q-6749 Dayachand respectively. When they asked that in spite of the fact that the goods was loaded at Damoh and was to be transported from Damoh to Delhi, why builty and bills in the name of transporters situated at Bhivapur, near Nagpur (Maharashtra), were issued, applicant Manoj jain replied that the goods loaded at Bhiwapur is exempt from Mandi Tax. The drivers were also instructed to tell everyone that the goods were being transported from Bhiwapur District-Nagpur (Maharashtra) to Delhi. They were further assured that the authorities everywhere have been fixed and there would be no problem on the way. Apart from that, truck No. M.P-20-HB-1354 was overloaded by 14 tonnes and truck No. HR-38Q-6749 was overloaded by 16 tonnes.

(3.) On 22.04.2012 when aforesaid two trucks being driven by their respective drivers Chhatarpal Singh and Dayachand, were proceeding from Damoh to Delhi via Buxwah, at Hirapur the Sub-Inspector of Krishi Upaj Mandi, Shahgarh, intercepted the trucks. During the investigation, the builty and bills were seized and it was discovered that valuable securities were forged and a fraud was being perpetrated to avoid Mandi Tax. They were no entities name as Adinath Goods Carriage and Mata Rani Traders Bhiwapur District-Nagpur (Maharashtra) in existence. Consequently, penal Krishi Upaj Mandi Tax, which was 5 times the standard rate, was imposed and recovered and after investigation charge-sheet was filed against the aforesaid four applicants.