- (1.) According to the Counsel appearing for the State in spite of intimation being given for sending down instruction for filing counter-affidavit, no such instruction was made available and as such, counter-affidavit was not filed. In such situation, the case was heard on its merit. This application has been filed for quashing of the order dated 27.8.2010 passed by the then Additional Chief Judicial Magistrate, Ghatshila in G.R. No. 124 of 2006 whereby and whereunder cognizance of the offences punishable under sections 379, 188 and 120-B of the Indian Penal Code and also under section 4 /21(5) of the M.M.D.R. Act has been taken against the petitioners.
(2.) Before adverting to the submissions advanced on behalf of the petitioners, ease of the prosecution needs to be taken notice of.
(3.) It is the case of the prosecution that the informant, Sub-Inspector, Bahragora Police Station in course of patrolling did find two trucks, bearing registration Nos. C.G.-04J-3594 and HR-38K-6779 loaded with iron ore standing in front of Hot Mixing Plant belonging to Lakheswari Builder. There huge quantity of iron ore was found stored. The labourers seeing the police party coming, started running away but four of them were apprehended, who disclosed that they, at the instance of Adarsh Chilukuri, petitioner No. 1 proprietor of M/s. Usha Logistic Company and the Manager Shri Niwas Reddy (petitioner No. 2), have been storing and transporting iron ore. All the four were arrested and the seizure list was prepared.;