- (1.) This Criminal Revision is directed against the order impugned dated 25.11.2010 passed in Sessions Trial. No. 202 of 2009, arising out of Nirsa P.S. Case No. 51 of 2004, corresponding to G.R. No. 357 of 2004 by which the petition filed on behalf of the Petitioners under Section 227 of the Code of Criminal Procedure was rejected.
(2.) The prosecution story in short was that the informant Police Inspector with the police party raided the business premises of Jai Vindhavasini Industries on 17.03.2004 at about 20:30 hours and spotted about 50/60 persons running away from the business premises leaving their cycles, from the back door of the factory. He started searching operation in the factory premises and found several cycles carrying coal illegally put on the weigh bridge and many other empty cycles, one Suzuki Motorcycle No. WB38H0805 and a truck No. WMH1726 carrying about four tonnes of ash (Chai) loaded thereon. The Police Officer seized all the items and prepared a seizure list and found that total 30 tonnes of coal were unloaded from the cycles which were stacked within the premises of the factory. The signatures of the witnesses were obtained on the seizure list.
(3.) Mr. Mazumdar, learned Sr. Counsel submitted that Jai Vindhavasini Industries was a factory producing fire bricks with its by product ash which did not come within the category of coal rather waste of the coal. Petitioner No. 1 Khetra Nath Mandal @ Kshetra Nath Mandal is the owner of the truck whereas the Petitioner No. 2- Madhu Bouri @ Binod Bouri was the driver of the said truck at the relevant time, who was arrested with the truck and had disclosed the name of the Petitioner No. 1 being the owner of the truck. The case was instituted for the offence under Sections 413/414/34 of the Indian Penal Code but in view of the fact that 4 tonnes of ashes were found loaded on the truck and there was no report of theft of ashes from any factory or any other place so the offence under Section 414 of the I.P.C. could not be attracted at all. It was nowhere alleged that the Petitioner had criminal antecedent and that specific allegation of doing illegal trade of coal was against other accused. The Petitioners though are enjoying the privilege "of bail but their petition for discharge was rejected only on the ground and to quote. The concerned truck having found on the spot loaded with ash but his involvement in coal racket cannot be ruled out before evidence comes on record.;