IFTIKAR AHMAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. Initially this application was filed for quashing of the FIR of Pakur (Malpahari) O.P. P.S. Case No. 27 of 2011 instituted under Sections 413, 414, 120B of the Indian Penal Code and also under Section 40 of the Mines Act as well as under Rule 54(7) of the Jharkhand Mines and Mineral Concession Rules, 2004.

(2.) It is the case of the prosecution that during patrolling when one S.I, posted at Malpahari outpost saw certain trucks coming, he signaled the drivers to stop truck. On stopping the truck, the truck drivers of truck bearing registration No. WB-65-0715, WB-59A-1002 and WB-59A-4445 fled away. On search being made, no document with respect to transportation of stone chip was found.

(3.) Thus, it was suspected that the truck owner in connivance with crusher owners have been taking away stone chip to West Bengal for selling it at higher price.