- (1.) The petitioner filed the instant application praying for setting aside the Order dated 28th August, 2014 passed by the Court of learned Additional Chief Judicial Magistrate, Asansol, District-Burdwan in G.R. Case No.1192 of 2014 arising out of Kulti Police Station Case No.149 of 2014 dated 14th May, 2014 under Sections 379/411/413/414/120B/34 of the Indian Penal Code and under Section 30 (II) of the CMN Act.
(2.) Mr. Arabinda Chatterjee, learned Senior Counsel appearing with Mr. Subir Ganguly, learned Advocate for the petitioner submitted that M/s Eastern Coalfileds Ltd. Vide Order No.20140302363 dated 1st April, 2014 issued a "Sale Order" in favour of the Associate Cement Company Ltd, Damodar Cement Works (hereinafter referred to as the 'said Company') having its office at Madhujunda, P.O-Sunuri, District- Purulia for lifting 192 MT of coal. The said "Sale Order" was issued on 1st April, 2014. After issuance of "Sale Order" the said company duly deposited a sum of Rs. 51427.66 and Rs. 51016.65 being the sale price of 19.93 MT of coal including RE Cess to M/s Eastern Coalfields Ltd. Upon receipt of the said amount M/s Eastern Coalfields Ltd. issued loading advice, road challan-cum-coal bill and central excise dispatch advice etc in favour of the 'said company'. It was also subsequently mentioned in the said loading advice that vehicles bearing No. WB-53A/5070 and WB- 37C/1566 were authorised to lift the coal on behalf of the 'said company'.
(3.) Mr. Chatterjee further submitted that in the "Sale Order" dated 1st April, 2014 it was categorically indicated that the two vehicles mentioned above were allowed to lift 10 MT and 9.930 MT coal respectively within 3rd April, 2014 to 22nd May, 2014.;