PRADIP KUMAR AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The hearing arises from an application under Section 482 Cr. P. C. filed by the petitioner praying for quashing the investigation of Sonamukhi P. S. Case No. 43/99 dated 18.05.99 under Sections 413/414/120B I. P. C. (G. R. Case No. 217/99), pending in the Court of learned Sub-Divisional Judicial Magistrate.

(2.) The circumstances leading to the above application are that the petitioner is a partner of a firm named M/s. Sumit Fuels which manufactures soft coke after obtaining coal from Eastern Coalfields and Coal India. In pursuance of an application under filed by the said Sumit Fuels against Coal India Ltd. , this Court passed an order in W. P. 1497/98 on 30.07.98 for consideration of supply of coal to the firm by the concerned parties, and supply of 4400 M. T. of coal per month was made on permanent basis. On the approach of the petitioner, one Basudev, a resident of Bishnupur Town, Bankura expressed his desire to purchase soft coke from the petitioner's firm which sold 11.675 M. T. of soft coke to Basudev @ Rs. 950/- per M. T. against cash memo, and Basudev gave out that he would get the same transported by lorry bearing Registration No. WB-15/3300. Subsequently, the petitioner came to learn that the truck with the consignment of soft coke on way to Bankura was stopped by Sonamukhi P. S. which seized the truck and started Sonamukhi P. S. Case No. 43 dated 18.05.99 under Sections 413/ 414/120B IPC against the owner of the firm also inter alia alleging that on receipt of a secret information regarding illegal coal transportation, the defacto complainant being accompanied by force had been to Basia Bridge on 18.05.99 at about 10.50 hrs. , found the tuck coming from Sonamukhi side along Bankura - Burdwan Road and upon detaining and searching the truck found the same loaded with coal. The driver of the truck could not produce any authorized challan of coal mines but produced a challan which appeared to be a forged one. The driver disclosed that his owner who is a resident of Chirkunda is in the habit of carrying coal from Bihar to different districts of West Bengal. After enquiry and on perusal of the available papers it appeared that the driver, truck owner, owner of the coal supplying agency and the receiver of the coal were conducting an illegal business by entering into a criminal conspiracy and as such the truck and consignment were seized and the proceeding was started under Sections 413/414/120B IPC. The petitioner is in no way connected with the truck or the goods which were transported. The police authorities described the consignment as coal and not soft coke with mala fide intention.

(3.) Being aggrieved by continuation of the investigation, the petitioner has come up before this Court.