ANSUMAN BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against an order of rejection of application for discharge passed on 19/12/2018 being Order No. 17 in connection with Murarai P.S. Case No. 252 of 2017 dtd. 19/7/2017 under Ss. 379/410/120B of the Indian Penal Code and Sec. 21 of the Mines and Minerals (Development and Regulation) Act, 1957 wrongly recorded as Ss. 21 and 33 of Mines and Minerals Act.

(2.) The petitioners' case is that the petitioner Nos. 1, 2 and 3 are the registered owners in respect of two motor vehicles being registration No. WB 53B 2662 and WB 53A 7700 respectively. For the purpose of livelihood the petitioners No. 1, 2 and 3 started a business of transport of different goods through their tractors. The petitioners regularly cleared the road tax and other charges and till date neither the petitioners nor the tractors have been entangled in any criminal offences. The petitioners usually use their motor vehicle in respect of cultivation and transportation of crops from the agricultural land to the farm house of the respective owners.

(3.) In the year 2000 the entire Birbhum and Murshidabad District were badly affected due to huge flood and as the petitioners' residence and their concerned agricultural land Mouza ' Kalahapur, being Plot Nos. 1011, 129, 138, 1366, 206, 1446, 376, 488, 753, 1678, 1048, 209 etc. are adjacent to the flood affected river namely Balsoi River, the entire agricultural land were badly covered by the sand of the said river. Till the year 2000 the agricultural process has been stopped in the aforementioned plots of the some of petitioners and some of the cultivators of the locality have removed the sand from the said agricultural land. There is no such bank of Balsoi River and each and every year the aforementioned plots are being badly affected by the flood. The petitioners' residence is more than 300 meters away from the aforementioned plot.