JOYMALYA BAGCHI,J. - (1.) The petitioner has assailed the impugned notices dated 2.6.2016 and 14.7.2016 issued by the Inspection/RPF Muri in connection with RPF Post Suisa Case No.02/14 dated 20.11.2014 under Section 3(a) RP(UP) Act whereby he was directed not to dispose of the coke or coal from his factory premises without permission from the Trail Court.
(2.) Factual matrix of the case giving rise to the aforesaid notices is to the effect that on 20.11.2014 a letter bearing no. RPF/RNC/C3A/MISC/14/5288 dated 19/20- 11-2014 alleging that there was shortage of 530 MT of coal of the Rail Rake no. WB/March-06, RR No.262005921 dated 20.3.2014 and 458 MT from Rail Rake No. WB 001/Apr-01, RR No.262005955 dated 3.4.2014 i.e. shortage of 988.50 MT of coal, in all, valued at Rs.69,19,500/-, a letter was received by R.P.F. authorities. It is alleged that the said coal was being transported by Tata Steel Ltd. from Chainpur Railway siding to HDCH (Haldia Dock Complex and General) Siding, Haldi vide RR and Forwarding Note.3938.00 MT coal was loaded on Coal Rake No.WB/March- 06 vide RR NO.262005921 dated 20/03/2014 and 3848.500 MT coal was loaded on Coal Rake NO. WB001/Apr-01 vide RR NO.262005955 dated 03/04/2014. Two Escort guards had been detailed for escorting of the said Rail rakes and it was further alleged that the train was suddenly stopped about 2 kms from Suisa Railway Station when 400 to 500 persons equipped with Kudal, Belcha and Balti remove the coal from the Rail rakes. On the basis of the aforesaid accusations, enquiry was commenced in the instant case and statements of various persons were recorded. It came to light from the statement of arrested accused Bhojan Chandra @ Bhajan Poddar that the stolen coal was kept at Saran Tand and, thereafter, transferred to the factory of the petitioners. Chemical analysis report was obtained in respect of the said Coal. The petitioners were summoned and interrogated on 2.6.2016. Samples of coke were obtained from the factory premises of the petitioner is Company, namely, Lucky Industries Ltd. Thereafter, on the said date the factum of seizure of coal from the said factory premises of the petitioner was reported to the jurisdictional Magistrate at Purulia. Impugned notice dated 2.6.2016 was issued upon the petitioner not to dispose of the material till the finalization of the chemical analysis test.
(3.) Further in course of investigation on 19.6.2016 a truck carrying on 20 MT of coal coming out of the factory premises of the petitioner was also seized on the reasonable belief that it was a part of the consignment of stolen coal.;