KRIPAL SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has invoked the inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure for quashment of order impugned dated 28.4.2009 passed in Cr. Rev No. 60 of 2009 by which the learned Additional Sessions Judge, FTC-1 Dhanbad affirmed the order dated 10.2.2009 by which the prayer of the petitioner for release of the coal was rejected by Shri A.K. Srivastava, judicial Magistrate Ist Class, Dhanbad.

(2.) THE prosecution story in short was that a truck no. Jh-10F-2728 was intercepted by the police which was carrying coal and on verification it was found that the coal was being carried from KOCP Kuian Colliery and the net weight at the entry point was 15.420 tonnes of coal .When the truck was intercepted on 9.2.2008 and truck was weighed at the bridge, the weight of the coal was found 19.175 M.T and thereby 3.175 M.T of coal was found in excess of the challan produced and therefore, the informant police party had reason to believe that such excess quantity of coal was being carried illegally on the truck. On the written report of the informant,Jharia P.S. Case No. 58 of 2008 was registered for the alleged offence under section 414 of the Indian Penal Code.