ABDUL KADIR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Roshid, learned counsel appearing on behalf of the appellant. Also heard Mr. P. Borthakur, learned Addl. P.P. for the State of Assam.

(2.) The petitioner, namely, Abdul Kadir has filed an application under Sec. 482 Cr.P.C. with prayer for quashing the FIR of Basistha P.S. Case No. 1419/2018, (G.R. Case No. 15840/2018) registered under Ss. 120(B)/379/420 of the Indian Penal Code (IPC in short).

(3.) The FIR unfolds that the informant along with the ACP of Basistha Division, OC of Basistha P.S. and other police personnel held a Naka checking (check point) on 27/10/2018 at the Jorabat O.P. from 9 P.M. to 2 A.M. midnight. Trucks bearing registration no. i) HR-69-C-4660, ii) AP-16-TH-1199, iii) BR-06-GC-7481, iv) HR-69-C-7278, v) HR-68-B-7552, vi) AP-16-TH-9879, vii) AP-37-TD-5759, viii) AP-21-TZ-4343, ix) BR-09-GA-9833, x) AP-31-TG-9011, xi) AP-16-TH-8987 which were loaded with coal were approaching Meghalaya to Beltola, Guwahati. The drivers 1) Naga Raju, 2) Md. Atabar Rahman, 3) D. Suri Reddy, 4) Sandip, 5) Raju Ch. Lakhmaya, 6) Bala Ram Singh, 7) Bijendra Singh, 8) Molay Sarkar, 9) Chandeshwar Sah, 10) Kachi, 11) K. Paswan were stopped, with their trucks at the police outpost i.e. the Jorabat outpost where the Naka checking was held. The drivers were asked to produce legal documents regarding the loaded coal but they failed to produce the same. The loaded coal was transported by the trucks with the connivance of the truck owners and the coal mafia from Meghalaya. In this manner, theft of coal was committed and the Assam Government was cheated of the revenue due to the Government for transporting coal to other states. On suspicion that the coal was stolen property, the trucks were seized in presence of the witnesses.