MD. MOFIL KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 03.06.2006 passed by Sri Ram Babu Gupta, Addl. Sessions Judge, (F.T.C.), Latehar in Sessions Case No. 495A of 1993 whereby and whereunder the appellant has been convicted for the offence under Sections 379 and 414 of the Indian Penal Code and Section 4/21 of the M.M. (R.D.) Act. The appellant has been given benefit of Probation of Offenders Act and a fine of Rs. 1,00,000/- has been imposed upon him.

(3.) Chandwa P. S. Case No. 111 of 1991 has been registered on written report submitted by Raghav Nandan Prasad, Assistant Mining Officer, Latehar (P.W.-2). As per the allegation during course of inspection, it has been found that illegal mining is being carried on and accordingly, Truck No. BIN-9406 and Truck No. BHM-3461 has been intercepted, the driver of Truck No. BIN-9406 and twenty five labourers fled away, driver of Truck No. BHM-3461 has been apprehended on the spot. The Trucks were carrying fire clay. He further alleged that Truck No. BHM-3461 loaded with fire clay and Motor Cycle No. BHH-6086 were seized, but Truck No. BIN-9406 could not be seized as its driver fled away. The cost of fire clay has been assessed as Rs. 6,25,000/-. On enquiry, the informant has come to know that this illegal mining is being done in the name of Mitra Enterprises by using forged challan. The real person behind the illegal mining is this appellant as has been informed by the villagers and labourers.