KAMAL KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioners by filing the instant application under Section 482, Section 397 and Section 401 of the Criminal Procedure Code sought for quashing of the charge-sheet being No.67 of 2005 dated 29.06.2005 under Sections 413 and 414 of the Indian Penal Code relating to Magra Police Station Case No.48 of 2005 dated 24.04.2005.

(2.) Grievances of the petitioners, as ventilated in the instant application, may briefly be stated as follows : - One Anil Kumar Saha, Sub-Inspector of Police, Magra Police Station lodged a complaint on 24.04.2005 wherein he alleged that the two vehicles being WB 15-0405 and WB15A-1792, both loaded with stolen raw coal were waiting on Byepass Road near Gaja Ghonta. He got secret information in this regard and found the said two vehicles were parked by the side of the road. The drivers of the said vehicles could be apprehended after a chase and on being asked to produce relevant documents in support of such transportation of coal, they failed to produce the same. They told that such coal was taken from one, Kamal Das of Hosenabad, who was habitually dealing with such stolen raw coal at Hosenabad depot. The said drivers were arrested and the two vehicles loaded with coal were seized by Police authorities. On the basis of such written complaint the case being Magra P.S. Case No 18 of 2005 dated 24.04.2005 under Sections 413 and 414 of Indian Penal Code was started.

(3.) The petitioners claimed that they were in no way connected with the commission of the said offence and the coal was being carried with valid documents as would be evident from the challans issued by M/s. Maa Tara Coal & Coal Dust Traders. The said two vehicles were proceeding towards Rajeswaripur, Magra, Hooghly for supply to M/s. Rupantar Brick Field.