RANJAN KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) By means of this application, the Petitioner seeks quashing of the charge-sheet, the order of cognizance dtd. 25/10/2010, and the issuance of process against him in connection with Paradeep Marine P.S. Case No. 26 of 2010, corresponding to G.R. Case No. 570 of 2010, pending before the learned J.M.F.C. (P), Kujanga.

(2.) The background facts of the case are that an integrated Steel Plant is situated at village Kuarmunda in the district of Sundargarh. The said plant has a Coke Oven Unit for manufacturing LAM Coke, which is used in its Blast Furnace. Coking Coal, the raw material for this process, used to be imported by the Company from BHP, Australia. The imported coal was received at Paradeep Port by vessel and thereafter transported to the Steel Plant at Kuarmunda through railway rakes or by road transport. M/s. Doyen International, having its office at D/3, Shreemandir Complex, Badapadia, Paradeep Port, had been engaged as the transporter for carriage of the aforesaid material to the site at Kuarmunda, Sundargarh since September 2009. One Uma Shankar Mohanty, Proprietor of the said firm, along with some associates, was transporting coal from the transit plot at Paradeep Port to the Steel Plant of M/s. Adhunik Metaliks Ltd. i.e. Opposite Party No.2 at Kuarmunda, Sundargarh. The records relating to ingress and egress of trucks carrying the materials to the site were maintained by the CISF authorities, the nominated Weighbridge (T.M. Logistics Ltd.), and the Port Gate Pass authorities. One Ajay Gupta had been engaged as Branch Head of M/s. Adhunik Metaliks Ltd. at Paradeep since March 2008. Similarly, Sudhanya Samanta, Sapan Nandi, and Vijay Dutta were engaged as Supervisors to assist Mr. Gupta.

(3.) During the course of an internal audit, a discrepancy in stock of materials was detected between the records maintained at the Branch Office, Paradeep, and those of the Gate Pass and Issue Sec. Authority of Paradeep Port (CISF). From the records, it was revealed that the movement of trucks between March 2010 and August 2010 did not tally, and about 190 trucks loaded with Coking Coal had been diverted and misappropriated en route by the transporter in connivance and conspiracy with employees of M/s. Adhunik Metaliks Ltd., including its Branch Head at Paradeep and others who purchased the stolen coal. Ajay Gupta and the said Supervisors were summoned to the Corporate Office at Kolkata, where they failed to reconcile the discrepancies and voluntarily admitted that they had committed theft of Coking Coal in conspiracy with the transporter and others stationed at Chandikhol, who had received the stolen material. The value of the misappropriated coal was estimated at approximately Rs.3.5 crore, thereby causing wrongful loss to M/s. Adhunik Metaliks Ltd. and corresponding wrongful gain to the accused persons by using forged documents as genuine.