D.K.SINHA, J. - (1.) In the instant writ petition, the petitioners have requested for setting aside/quashment of the entire criminal proceeding including the cognizance order impugned dated 23.10.2007 taken against them in Palkot P.S. Case No. 14 of 2007 corresponding to G.R. Case No. 167 of 2007 for the alleged offence under Sections 379/411/34 I.P.C. as also under Section 54 of the Jharkhand Mines and Minerals Act and Sections 41/42 of the Indian Forest Act pending before the S.D.J.M., Gumla.
(2.) THE prosecution story as it stands narrated in the self statement of Sub -Inspector of Police Ajay Prasad (Officer -in -Charge of Palkot Police Station) was that on 16.02.2007 while he was on day patrolling duty with the police party, he received secret information and pursuant to that he arrived on the Bisahi Rock situated towards East of the N.H. 23. When he climbed over the hillock, the labourers engaged in breaking the stones and loading the stone chips on the vehicle started fleeing at the sight of the police party. However, two of them could be apprehended on chase. One of them disclosed his name being Shyam Lal Sahu, who claimed to be the driver of the dumper. He confessed that on the instruction of his employer Jagarnath Sahu, he was carrying the stones chips to be used in the road construction at the site at Biling Bera. The another accused, who was apprehended, also claimed to be the driver of another tractor and confessed what the accused Surendra Gope had stated before the police that he also on the instruction of his employer, Jagarnath Sahu cum contractor was carrying stone chips on the tractor to be used at the same site. On demand no document was produced in relation to authority for quarrying stones from the hillock. Both the vehicles were seized and the case was instituted under various Sections of different Acts as stated above against the petitioners including the employer Jagarnath Sahu for doing illegal mining in protected forest and illegally carrying minor minerals (stone chips). The learned Counsel for the petitioners submitted that admittedly the F.I.R. was not instituted by a competent officer of the Mining Department authorized to lodge the complaint under Section 54 of the Jharkhand Mines and Minerals Act. In the instant case the raid was conducted by a police officer of the rank of Sub -Inspector who had also made search and seizure and mechanically lodged the case without any authority under Rules so to do.
(3.) MR . Nilesh Kumar, the Counsel submitted that one Balmukund Mahto was the Government lessee of Minor Mineral viz. stone metals with his crusher situated at 61 -Pilat and the contractor, who was constructing the road i.e. the petitioner Jagarnath Sahu had purchased stone chips from the Govt. lessee and while that the driver petitioners were carrying stone metals on the tractors of the petitioner Jagarnath Sahu, it were intercepted by the Sub -Inspector of Police with ulterior motive without authority. The petitioner Jagarnath Sahu was one of the partners in M/s Krishna Construction had obtained tender, accordingly agreement was arrived at on 08.12.2006 (Annexure -2) between the Executive Engineer, R.E.O., Works Division Gumla and M/s Krishna Construction for construction of Palkot -Bilingbera road and the work was required to be completed by 25.03.2007. Pursuant to the terms of the agreement aforesaid the work of construction of road was going on by M/s Krishna Construction by diverting and exploiting all the legal resources and man power so as to complete the work within time frame otherwise the Construction Company could be saddled to pay the damages.;