NASIRUDDIN SHAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned A.P.P.

(2.) THE petitioners are aggrieved by the order dated 27.1.2004 passed in G.R. No. 466 of 1991, whereby, the application filed by the petitioners for discharge has been rejected by learned Court below.

(3.) IN the facts of the case and upon going through the impugned order, I find that the case relates to seizure of 24 trucks loaded with coal slurry and upon demand, no document could be produced. IN that view of the matter, even if Section 7 of the E.C. Act is not attracted against the petitioners, but some offence certainly is made out and accordingly, at this stage, the petitioners cannot be discharged. It is for the Court below to frame the charge against the petitioners for the appropriate offence.