Lakshman Uraon, J. - (1.) THIS is an application under Section 482, Cr PC to quash the entire criminal proceeding initiated against these petitioners in Jharia (Tisra) PS Case No. 321 of 2002 under Sections 467, 468, 471, 49, 420 and 120B of the Indian Penal Code pending in the Court of learned CJM, Dhanbad.
(2.) THE prosecution case is based on the written information given by SI Jitendra Kr. Singh, OP Incharge, Dhanuadih PS. Tisra. District Dhanbad alleging that on 7.10.2002, on secret information regarding loading of steam coal in connivance of the management of Ghanodih colliery, DO holders and owners of the Bhatta and transports loaded steam coal on truck No. BER -7536 against the sale order/DO from the new loading point, Ghanodih colliery. Learned counsel for the petitioners has submitted that the accused are innocent and have falsely been implicated in this case. The vehicle is a commercial truck equipped with all valid papers issued by BCCL in favour of M/s. Shiv Shambhu Hard Coke, Tundi, Road, Govindpur, Dhanbad. The DO was issued in the name of the said hard coke Bhatta for lifting the left out coal. A report was called for from Project Officer, SOM, Ghanodih colliery who in his letter dated 16/17.10.2002 addressed to the CJM, Dhanbad has informed that under the prevailing mining condition very often seized coal is being loaded by the machine and dumped for loading in the coal depot. Since there is no arrangement of screening and sizing of the coal, this ROM coal is loaded into the trucks selectively by manual loaders hired by the consumers. Since selective loading is done, the management is charging Rs. 150 extra/tonne of coal in addition of base price. As such there is no revenue loss to BCCL by doing selecting loading which is evident from price of coal mentioned therein. This fact was also considered by the learned Sessions Judge while allowing bail to co -accused Hamid Ansari. A report was also submitted by the O/C, Ghanodih OPC on 13th December, 2002, annexure 3 of supplementary affidavit, addressed to the CJM. Dhanbad. He has also informed that seized truck and coal loaded therein were found genuine after investigation by CFRI, Dhanbad. He informed that there is no objection in releasing the truck and the coal loaded therein.
(3.) THE driver of the truck No. BER -7536 loaded with coal was Hamid Ansari and these petitioners are the owners of the truck. The allegation is that in collusion with owners, truck driver and Bhatta owners, the offence is being committed in lifting steam coal causing loss to the BCCL.;