- (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 dated 16.12.2010 passed by the Additional Sessions Judge, F.T.C.-IV, Dhanbad by which the petition filed for the release of 'Pora Coal' of the petitioner rejected by Shri Bipin Bihari Gautam, Judicial Magistrate, 1st Class, Dhanbad in Baghmara P.S. Case No. 137 of 2010 was affirmed and the Revision was dismissed. The petitioner was admitted to regular bail in B.A. No. 5325 of 2010 on 13.08.2010 by this Court.
(2.) The prosecution story in short was that when the informant Officer-in-Charge of Baghmara Police Station intercepted a truck No. JH10S6221 on secret information standing nearby the depot of "Khanudih Shramik Swawlambi Sahakari Samiti" on 3.6.2010, some persons began to flee, who were engaged in loading 'Pora coal' on the truck. However, on chase only five, of them could be apprehended, who were Muni Lal Mahto, Rajesh Kumar Yadav and Manohar Sao being the President, Cashier and Munsi of "Khanudih Shramik Swawlambi Sahakari Samiti" respectively and Raj Kumar Prasad and Shital Mahto being the driver and khalasi of the said truck. The informant Police Officer further alleged that on assessment 8 tonnes of Pora Coal were found loaded on the truck and about 10 tonnes of similar nature of "Pora coal" were found concealed nearby the truck. The driver disclosed that the Pora coal was being loaded on the truck under the instruction of the owner of the truck Mani Kant Sao with the consent of the president, cashier and munsi of the aforesaid Samiti and the coal was to be sold at Govindpur market. No relevant document could be produced to the Officer-in-Charge-informant on demand with respect to the transportation of Pora coal from the depot of the Samiti.
(3.) The petitioner-Mani Lal Mahto @ Muni Lal Mahto is the President of the Samiti, who was admitted to ball by this Court earlier and thereafter he moved a petition under Section 451 of the Code of Criminal Procedure for the release of 18 tonnes of Pora coal which were seized but the petition was rejected by the Judicial Magistrate observing that at the relevant time no document could be produced before the Police Officer to show the bona fides. Against the said order dated 23.08.2010 recorded by the Judicial Magistrate the petitioner preferred Criminal Revision No. 224 of 2010 which was heard by the Additional Sessions Judge, F.T.C.-IV, Dhanbad and the revision was dismissed by observing that the Pora coal which were seized by the police were the material exhibits in the case registered under Sections 414/34 of the Indian Penal Code.;