LAL BAHADUR YADAV Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS revisional application under Sections 482, 397 and 401 Cr. P. C. has been preferred by the petitioner praying for quashing of the chargesheet bearing No. 81 dated 30. 09. 2005 under sections 379/411/413/414 of the I. P. C. and 30 (2) C. M. N. Act and Section 21 of Air Pollution Control act arising out of Baraboni P. S. Case No. 84 of 2005 dated 13. 08. 2005.

(2.) THE case of the petitioner, in short, is that Baraboni P. S. Case no. 84 of 2005 dated 13. 08. 2005 arose out of a complaint lodged by one awadesh Kumar Sing, Dy. Chief Security Officer, G. M. Office, E. C. L. , salanpur to the effect that on 13. 08. 2005 at 13. 05 hours the complainant along with the staff of DEB, Asansol and Baraboni P. S. raided Maa Baishnab devi Fuel Industry, Jamgram and they found that huge quantity of steam coal was being stacked in open air discharging huge volume of smoke in the nearby areas causing serious air pollution which was also detrimental to the people residing in the area. The owners have violated the provisions of Air Pollution Control Act. During local enquiry it was found that the factory owners Lal Bahadur Yadav and Satyanarayan Agarwal collected the coal from the nearby colliery and illegal mines of Salanpur area of E. C. L. by engaging labourer and thereby running illegal trade of coal in clandestine manner. Thus, they violated the provisions of Section 30 (2) of C. M. N. Act and committed theft in respect of coal. After completion of investigation the charge-sheet was submitted being No. 81 dated 30. 09. 2005 and the case was pending before the learned Additional C. J. M. , Asansol.

(3.) IT is the contention of the petitioner that he is the owner of m/s. Maa Baishnab Devi Fuel Industry and deals in the business of manufacturing soft coke and for the purpose of running the said business he obtained necessary documents from the competent authorities as required under the law. It is the further contention of the petitioner that he purchased the coal from E. C. L. under proper challan on necessary payments. The petitioner contends that the Investigating Officer came to the erroneous conclusion with regard to the coal in question without proper chemical examination and the entire charge-sheet is liable to be set aside. There is also no material to show that the petitioner was involved in similar type of alleged offences and, as such, the Sections 413 and 414 of the i. P. C. are not attracted at all.