D.N.UPADHYAY, J. - (1.) HEARD the parties. This criminal miscellaneous application has been filed on behalf of the petitioners for quashing of the F.I.R. in connection with Govindpur P.S. Case No. 157/1997 [G.R. No. 2619/1997] , registered under Sections 414/ 34 of the Indian Penal Code.
(2.) THE brief facts, as it appears from the written report, is that the informant, who happens to be Inspector of C.I.S.F., along with other officers and constables, conducted a raid near Phulwadih Basti. It is alleged that seeing the informant and other C.I.S.F. personnels coming, the persons who were trying to remove Truck No. BRB 7392 which was stuck in mud, fled away. The said Truck was found loaded with 5 Tons of Steam Coal and 7 M.T. of coal was unloaded with a purpose to get the vehicle released from the mud. On verification and interrogation, name of petitioners and other accused indulged in illegal trade of coal, have come in light. No person had appeared to claim either coal or the Truck. Thereafter, the coal and Truck were seized and produced before the Police with a written report on the basis of which Govindpur P.S. Case No. 157/1997 under Sections 414/ 34 of the Indian Penal Code was registered against the petitioners and other accused persons. It is submitted that Sections 11 and 12 of the Central Industrial Security Force Act, 1969 do not give powers to C.I.S.F. Personnel to arrest any person or make search at any place outside the industrial Unit or installation for the safety and safeguard of which they are deputed. In the present case, Truck was seized from G.T. Road which is certainly beyond the premises of any Industrial Unit owned and controlled by State Government or the Central Government.
(3.) IN this context, the learned counsel has relied upon a Judgment reported in Eastern Criminal Cases 1993 Page -469 Patna (Ranchi Bench). By referring the above Judgment, it is pointed out that the search and seizure made by C.I.S.F. Personnel in that very case was found illegal and the coal seized was directed to be released to the petitioner of that case who had claimed the coal. In that view of the matter, institution of case on the basis of an illegal seizure was unwarranted and the petitioners should not have been made accused on the basis of such information or seizure which was not done in accordance with the law.;