MANOJ KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sidhartha Roy learned counsel for the petitioner and Mr. Jagdeesh, learned counsel for the State.

(2.) The present petition has been filed for quashing of order dtd. 11/12/2020 passed by the learned Sessions Judge, Hazaribagh in Criminal Revision No. 56 of 2020 whereby he has affirmed the order dtd. 7/9/2020 passed by the learned Judicial Magistrate, Ist Class, Hazaribagh whereby release for coal in question has been rejected in connection with Barhi P.S. Case No. 156/2020, pending in the Court of learned Judicial Magistrate, Ist Class, Hazaribagh.

(3.) Mahabir Oraon, A.S.I. of Barhi P.S. has lodged F.I.R. alleging therein that on 5/5/2020 at about 17.05 hours he received information that one Truck bearing Registration No. JH-02-AB-9186 loaded with coal is coming from the side of Hazaribagh and going to Aurangabad for sell. On such information the informant started verification of toll plaza and on given signal truck was stopped and found that the driver was boarded there and on interrogation, the driver disclosed his name and parentage and on demand of the documents of coal loaded on the truck, driver produced the same before the police personnel and on 6/6/2020 the said document of coal was verified by the informant from the CCL Topa Project and the said coal was sold to the J.S.M.D.C. Ltd. and the J.S.M.D.C. has sold the same to the M/s Vaibhav Enterprises for its destination Daltonganj Industrial Estate Sudna Palamu. It is further alleged that without e-Way Bill M/s Vaibhav Enterprises at Naisarai, Ramgarh was not found as such the said truck loaded with coal were seized under seizure list and the case under reference was instituted and investigation was taken up.