- (1.) The petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of the order impugned dated 25.04.2008 passed by Shri P.C. Agrawal, Additional Sessions Judge, VIII, Dhanbad in Criminal Revision No. 59 of 2007 by which the order passed by the C.J.M., Dhanbad dated 27.02.2007 was upheld wherein the prayer for release of 18.110 M.T. coal in favour of the petitioner was rejected and accordingly Cr. Revision No. 59 of 2007 was also dismissed.
(2.) The prosecution story in short was that on 16.01.2007 the Inspector of Police, Govindpur Police Station raided the depot of one Ram Dular Singh situated at G.T. Road, Kandra, Industrial Area on the tip off that stolen coal were being unloaded from a truck illegally to be sold in the Black Market. The police already found a truck No. BR 23H/5583 standing there from which coal was being unloaded and the persons attending the truck and engaged in unloading coal escaped at the sight of the police party. The informant Police Officer, however, in presence of independent witnesses seized the truck with the coal and prepared seizure list. On the basis of the self statement of the Informant Police Officer, Govindpur P.S. Case No. 12 of 2007 was lodged for the alleged offence under Section 414 of the Indian Penal Code against the owner of coal depot Ram Dular Singh, the owner of the truck as well as the driver of the truck No. BR 23H 5583.
(3.) It is stated that the petitioner had moved the petition before the C.J.M. on 22.01.2007 for release of coal in his favour on the ground that he was authorized agent/contractor of Mejia Thermal Power Station ( M.T.P.S. for shot) D.V.C. for the purpose of lifting coal on its behalf and transporting the same from West Modidih, Katrash Area, M.T.P.S., D.A.V. In support thereof the authorization letter issued by the D.V.C. dated 27.10.2006 was annexed. It is further stated that coal in question which was seized, purchased from West Modidih Colliery, B.C.C.L. on behalf of Mejia Thermal Power Station through a valid challan dated 15.01.2007 (Annexure-3). Similarly a transportation challan was also issued in favour of the petitioner to carry the aforementioned coal to M.T.P.S. through truck No. BR 23H 5583 (Annexure-4). Admittedly, the petitioner was not figured as an accused in the instant case. He neither claims to be the owner of the truck nor was the driver of the truck in question. During the 2. pendency of the petition filed on behalf of the petitioner for the release of coal in the Court of C.J.M., Dhanbad a report was called for from the Police Station concerned regarding the nature of coal and the genuineness of the claim of the petitioner. The Investigating Officer by his report (Annexure-5) stated that on demand the petitioner R.P. Kejriwal @ Rabi Prakash Kejriwal had produced the relevant documents regarding the purchase of coal as well as its transportation challan through Truck No. BR 23H 5583 which was being sent to Mejia Thermal Power Station (M.T.P.S. in short) but the loaded truck was taken to the coal depot of Ram Dular Singh with the collusion of the owner and the driver of the truck for unloading of coal to be sold in the Black Market and therefore the case was instituted only against the owner of the depot and the driver as well as the owner of the truck in question.;