ABHAY KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R.S. Mazumdar, learned senior counsel appearing for the petitioner and Mr. Manoj Kumar, learned counsel for the State.

(2.) This petition has been filed for quashing of the entire criminal proceeding in connection with Muffasil P.S. Case No.91/2023 registered for the offences under Sec. 379/34 of the Indian Penal Code, Sec. 4/21 of Mines and Minerals (Development and Regulation) Act, 1957, Rules 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 (With Amendment), Sec. 09/13 of Jharkhand Mineral (Prevention of Illegal Mining Transportation and Storage) Rule, 2017, Sec. 25/26 of the Water (Prevention and Control of Pollution) Act, 1974 and Sec. 21 of the Air (Prevention and Control of Pollution) Act, 1981, pending in the court of the learned Chief Judicial Magistrate, Hazaribag. The prayer is further made for direction upon the respondents to unseal the petitioner's factory.

(3.) The FIR has been registered on the typed report of informant Ajit Kumar, the District Mining Officer, Hazaribag dtd. 15/4/2023 submitted to the Officer In-charge, Muffasil Police Station, Hazaribag alleging therein that an enquiry was made in M/s Super Coke Industries situated at Demotand, Hazaribag jointly of the officers including the informant. It is stated that M/s Super Coke Industries is authorized for the processing of coal minerals by the District Mining Office, Hazaribag, where sale of coal is to be made after processing the same which were purchased from colliery through e- transporting permit. It is alleged that during investigation, it has come that without taking permission ROM coal was being loaded in truck. The investigating team has found 20.00 ton coal loaded on the truck bearing registration no. JH-02AT-4845. According to monthly return filed by the company in the month of March, 2023, the stock of coal at the site has been shown as 883.69 tons and as per the daily coal register maintained by the company, the stock of coal stored till 14/4/2023 is 1066.61 tons. It is also alleged that during investigation total stock of 700 tons coal has been found by the investigating team and accordingly 366.61 tons coal has been transported without e-transportation challan. The informant further alleged that the factory operator was involved in illegal trade of coal under the garb of Dealers registration. It is further alleged that factory operator was operating the factory without complying with the consent to operate issued by the Pollution Control Board. Thereafter, coal available on site and truck bearing registration no. JH-02AT-4845 loaded with 20.00 ton coal has been seized after preparing seizure list and the factory and driver of seized vehicle also apprehended by the investigating team but they did not give any satisfactory answers regarding above and, therefore, the present case has been filed.