MANOJ KUMAR SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the petitions have been heard together and will be disposed of by common order.

(2.) Instant petition has been filed for quashing the entire criminal proceedings including the prosecution report being Complaint Case No.1055 of 2022 arising out of Offence Report No.17P dtd. 27/5/2022 for the offence registered under Ss. 41, 42 and 52 of Indian Forest Act.

(3.) It is submitted by learned counsel on behalf of petitioners that neither offence report nor prosecution report states any averment or statement that illegal mining was being conducted in forest area. It is submitted that the petitioner- Manoj Kumar Sah is owner of the seized truck bearing registration No.JH 04V 6594 and only due to the said fact, petitioner has been made accused in the present case. The seized stone chips was purchased from BPY Infra Build Pvt. Ltd. in the name of Montecarlo Ltd. and the same was loaded on truck of the petitioner which was to be supplied to Montecarlo Ltd., Bhagalpur and in this regard, invoice and transport challan were also issued. It is further submitted that stone chips was validly purchased and transported on the seized truck of the petitioner on the basis of genuine documents and the same was produced before the raiding team. It is also submitted that although in the prosecution report, it has not been stated that any document was produced but in counter affidavit, allegation of submission of forged document has been made.