ARUN KUMAR GHOSE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have invoked the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India for quashment of their entire criminal proceeding arising out of Sikaripara P.S. Case No. 30 of 2004 corresponding to G.R. No. 549 of 2004 registered for the offence under Sections 414/120 -B, IPC and Section 40(iv) of the Bihar Mines and Minerals Concession Rules, 1972.

(2.) THE prosecution story in brief was that on 4.6.2004 at about 2.30 p.m. the police team led by the respondent No. 2 intercepted several trucks on tip off, loaded with stone boulders, carried from the village Chitragarhia Benagarhia site after illegal quarrying and on demand it was alleged that no valid document was produced by the drivers of the Truck Nos. W.B. -67 -1086, W.P. -53 - 3562, W.M.K. -4168, U.S.P. -4031, B.R.L. 8350 and W.B. 53 -0285. On search, about 8 tonnes of boulders were found loaded on each of the trucks. However, in the process of search, one of the drivers escaped with the Truck No. W.B. 73 -3695 with the stone boulders loaded thereon. The prosecution party had reason to believe that the stones were mined by illegal means, pursuant to criminal conspiracy and transported through the said trucks to which no document was produced either of quarrying or transportation. All the trucks loaded with stone boulders were seized and a seizure list was prepared in presence of the witnesses.

(3.) ADVANCING his argument, learned Counsel submitted that the Officer -in -Charge, Sikaripara Police Station by his report dated 21.6.2007 submitted before the C.J.M., Dumka being called upon stating that the boulders loaded on the truck of the petitioner No. 1 bearing registration No. W.B. -53 -3562, coming from M/s. Neelam Stone Works and its challan thereof bearing the signatures of Mining Officer and Mining Inspector were found genuine. Similarly, in relation to the Truck No. W.B. -67 -1086 of the petitioner No. 2 which was also carrying stone boulders the Officer -in -Charge further stated that its challan had got bearing of the genuine signatures of the Mining Officer and Mining Inspector (Annexure -2) and in that manner no offence was made out against these two petitioners. The Trucks of both the petitioners were released by the order dated 25.6.2004 of the C.J.M., Dumka (Annexure -3).