IN RE REFERENCE US 395 CR.PC ARISING OUT OF NONGSTOIN PS Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This order shall dispose of Crl.Ref.No.1 of 2019 and Crl.Revn.Petn.Nos.17, 18, 19, 21, 22, 23, 24, 25 and 27 of 2019 as according to the learned counsel for the parties, the legal issues involved therein are identical. However, facts are being extracted from Crl.Rev.P.No.17 of 2019.

(2.) In Crl.Rev.Petn.No.17 of 2019, the petitioner has filed the petition under Section 397 read with Section 401 of the Code of Criminal Procedure (in short CrPC) impugning the order dated 13.02.2019 passed by the learned Chief Judicial Magistrate, Ri-Bhoi District, Nongpoh, Meghalaya in Zimma Application No.91 of 2019 arising out of Nongpoh P.S. Case No.40(2) 2019, under Sections 188/420/120 B/109 IPC.

(3.) Briefly, the relevant facts as narrated in the petition may be noticed. The petitioner is the owner of the heavy goods vehicle bearing registration No.ML-04 C 5666 which is a public transport. On 06.02.2019, on the basis of some source information, the police detained the said vehicle of the petitioner bearing registration No.ML-04 C 5666 on the highway proceeding from Umde-Ronghona at Ronghona which was loaded with coal. FIR Nongpoh P.S. Case No.40(2) 2019, under Sections 188/420/120 B/109 IPC had been registered and the vehicle was seized in connection with this case. The police claimed that the vehicle was loaded with coal without any valid documents and it was transporting the coal illegally. Further, the driver of the truck, namely, Shri Thapskhem Dkhar had avoided the integrated check post of the Transport Department at Shangbangla with the intention to evade payment of royalty and tax.