SANJEEV KEJRIWAL Vs. STATE

JUDGEMENT

(1.) THE present criminal revision has been filed under section 482 Cr.P.C. by one of the accused persons of the criminal proceeding being DEB GR 3 of 1993 arising out of Dantan P.S. Case No. 6 of 1993 dated 16.2.93 pending before the Special Court (under E.C. Act) cum -Additional District and Sessions Judge, Midnapore.

(2.) THE facts of the case, in brief, areas follows: On 21.1.93 at about 16.45 Hrs., a truck No. A 5 -01 -A/7184 loaded with 9.170 metric tons of coal was proceeding from Orissa to Calcutta for making delivery of the said coal to M/s. B.B.F. Brickfield at Ramchandrapur, North 24 Pgs. The truck was intercepted on O.T. Road in front of Dantan P.S. by a constable of Dantan P.S. on suspicion. The driver of the truck fled away. The helper of the truck namely Dilip Singh produced certain documents such as (i) challan purportedly issued by M/s. Gokul Coal Depot, Jagatpur, Cuttack in favour of the said brick -field, (ii) a transit permit/pass issued by DDM/MO, Department of Steel and Mines, Government of Orissa, in the name of M/s. B.B.F. Brickfield, Ramchandrapur, (iii) a form of weighbill dated 20.1.90 in the name of B.B.F. Brickfield without the signature of the issuing officer or consignor and (iv) a weighbridge challan in the name of Maa Sarada Weighbridge, National Highway No.5, Gandharpur, Cuttack. As the said documents appeared to be fictitious forged and the helper could not disclose from which they had obtained the challan for the coal, the helper of the truck was arrested under section 41 Cr.P.C. read with sections 379/411 I.P.C. by Dantan Police Station and the truck loaded with the coal was seized. The matter was diarised under Dantan P.S. G.D. No. 574 dated 21.9.93 and was reported to the Superintendent of Police, D.E.B., Midnapore for necessary action. Subsequently one Budhan Tiwari was arrested and a driving licence in the name of said Budhan Tiwari was seized. One Samir Sarkar said to be the broker of the seized coal, was arrested on 27.1.93 by S.I. B.Behara of Dantan P.S. and a loading advice dated 20.1.93 of Bengal Roadways Corporation, Gandharpur, Cuttack in favour of M/s. Samir Sarkar, Calcutta suggesting that the said truck was sent for loading 10 Metric tons of coal from CTC to Calcutta was seized under Dantan P.S. GDE No.739 dated 27.1.93. On being directed by the Deputy Superintendent of Police, Midnapore, S.I. Arabinda Das made a local inquiry and ascertained that a clandestine trade in coal including soft coke was being carried on by some persons on the basis of forged and fictitious challans etc. in the name of Gokul Coal Depot causing loss of revenue to the Govt. of West Bengal and Orissa. The inquiry revealed that no order was placed for the seized coal at the instance of the said brickfield nor did the said brickfield purchase any coal from the Gokul Coal Depot. The inquiry also revealed that Gokul Coal Depot was not in existence. Inquiry also revealed that one P. Mitra, proprietor of Bengal Roadways Corporation hired the truck on demand of the said Samir Sarkar. He failed to produce the duplicate office copy of the said loading advice. On the basis of such materials, S.I. Arabindo Das lodged a written complaint on 16.2.93 with the O.C. Dantan P.S. On the basis of the said complaint, FIR was drawn and the Dantan P.S. case No.6 of 1993 dated 16.2.93 was registered. S.I. Arabindo Das of D.E.B. Midnapore was directed to investigate the case. During the investigation, witnesses were examined under section 161 Cr.P.C. and attempts were made to apprehend the accused persons. After completion of the investigation, S.I. Arabindo Das submitted a charge - sheet alleging that on the basis of the evidence collected during the investigation, a prima facie case was well -established against all the accused persons including the present petitioner under section 7(1) (a) (ii) of Essential Commodities Act, 1954 as well as under sections 468, 469, 472, 420/120B of the IPC.

(3.) BY Order No.7 dated 6.9.93, the Ld. Judge, Special Court (E.C. Act) -cum - Additional District and Sessions Judge, Midnapore took cognizance on the basis of the aforesaid charge -sheet and issued processes against the accused persons including the petitioner.