GHANSHYAM JHA Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner Ghanshyam Jha has come to this court under Articles 226 and 227 of the Constitution of India for quashing the F.I.R against him and the subsequent proceeding pending in relation thereto under Section 414 I. P. C. and Section 7 of the Essential Commodities Act for violation of the Bihar Coal Control Order.

(2.) The facts in brief are that an F. I. R. has been lodged by the Assistant Security Officer, C. C. L., Baniadi, and others. On 28-8-1982 at about 7 A. M. when the informant, Assistant Security Officer along with others were on special patrol duty to check illegal coal mining, reached the coal depot of the petitioner, they found a board hanging there with licence No. 39/77. 'Vijay Coal Company' was written on the said board. There the patrol party found one truck No. B. H. Q. 9541 loaded with approximately 14 tonnes of soft coke which was covered with a tarpolin,, besides a Bhatha of soft coke. On enquiry from the Choukidar of the coal depot the informant learnt that the petitioner and his son aged about 10 years are the owners of the coal depot. The informant was told by the Choukidar that after the arrival of the petitioner necessary papers would be produced. The informant then inspected the Bhatha and found that fire was there for converting the steel coal into soft coal. The truck loaded with 14 tonnes of soft coal was seized and thereafter the F. I. R. was lodged.

(3.) The soft coal which was loaded on the truck was examined by the Chemist of Bariadih C. C. L. and it was found to have been manufactured from steel II Grade Coal which is not sold in open marked. This fact has been mentioned in the F. I. R.