- (1.) Heard Sri C. L. Pandey, learned counsel for the petitioners and learned Standing Counsel. In the circumstances of the case it is expedient that this writ petition may be finally disposed of.
(2.) In the night intevening 7/ 8-1-1993 five motor trucks carrying slack coal were intercepted by the Police of P. S. Robertsganj, district Sonbhadra. These were truck No. USM 8487 and No. UP 85-8749 belonging to petitioner No. 6 Paras Nath Pandey, truck No. UGZ 89 belonging to Petitioner No. 7 Bechan Prasad, truck No. MP 17-7209 belonging to Rang Bahadur Singh Petitioner No. 8 and truck No. UP 65B-6711 belonging to Taj Mohammad Petitioner No. 9. A First Information Report was thereafter lodged at P. S. Robertsganj, district Sonbhadra under Section 420 I. P.C. vide Crime No. 18 of 1993 against the writ petitioners. These trucks laden with slack coal are still in the custody of the Police.
(3.) It is stated in the writ petition that M/ s. Sonhadra Coke Products, M/s. Sonbhadra Fuels and M/s. Singh Coal Briquettes (petitioners Nos. 1 to 3) are partnership firms of which Subhash Chandra Agrawal and Anil Kumar Agrawal (petitioners Nos. 4 and 5) are the partners. The firms carry on the business as small scale industries engaged in the manufacture of coal briquettes for which slack coal is used as raw material. It is further stated in the writ petition that the firms are registered by the Director of Industries, U.P. Kanpur, that the project has been sponsored by the Coal India Limited, that the linkage of supply of coal was sanctioned by the Coal India Limited and on the basis of which the subsidiary Company M/s. Northern Coalfields Limited Singarauli was directed to issue linkage of the slack coal to the petitioners and that the firms accorded permanent linkage for Supply of slack coal from Kakri Project, Northern Coalfields Limited. The writ petitioner goes on to state that slack coal has ceased to be a controlled commodity after G.O. No. 4958/ 299-59 Inta-84 dated 18-10-1989 issued under clause 18 of the U.P. Coal Control Order. According to the writ petitioners, slack coal in question was being transported to their industrial units mentioned above.;