P K OLEARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India for quashing investigation of offences under sections 379 and 411, I.P.C. by the police in connection with Moranhat P.S. Case No. 160 of 1986 in G.R. Case No. 740 of 1986.

(2.) The facts of the, case may briefly be stated. The Officer-in-charge Moranhat P.S. on 22.11.86 at 2.30 p.m. made a G.D. entry. The entry runs as follows: Now on being informed by telephone ASI Shri R. Buragohain from Moran Check gate that some youths of Assam Jatiyatabadi Yuba Chatra Parishad have seized a truck loaded with doubtful iron near the Moran Electricity Board, we entered the same in the Diary and to take necessary steps I with ASI S.P. Gogol and Atul Hazarika went to Moran Electricity Board office In office jeep bearing No. 2504. On 23.1.86 Shri Gopal Chandra Borah, the officer-in-charge of Moranhat Police Station lodged a formal ejahar with the officer-in charge of Moranhat Police Station. Shri Gopal Chandra Borah formally registered a case under sections 379 and 411 I.P.C. The relevant portion of the FIR runs as follows: I have the honour to report -that on 22.11.86 at 5.30 p.m. on getting in fom(sic) truck No. NLS 4001 was checked at Khatkhati gate and on suspicion through checking have been done at P.S. compound by unloading and found some new and contraband articles belonging to Oil India Duliajan Moran Branch have been detected and seized, on demand the driver produced a letter written by P.K. Orlery Manager Moran Oil, that the truck carrying home hold goods to his home town Kohima. Beyond no documents could be produced by P.K. Orlery about the possession of all materials and carrying the same to his home. TI

(3.) The Chief Technical Auditor of the on India Ltd. wrote a letter date 26.11.86 to the officer incharge, Moranhat Police Station in connection with the seizure of articles during the course of the investigation of the case referred to above. The letter runs in the following terms. Dear Sir, We refer to your letter on the above subject dated November 23, 1986.