Order This Criminal Revision is directed against the order impugned dated 25.11.2010 passed in Sessions Trial No.202 of 2009, arising out of Nirsa P.S. Case No. 51 of 2004, corresponding to G.R. No. 857 of 2004 by which the petition filed on behalf of the petitioners under Section 227 of the Code of Criminal Procedure was rejected. 2. The prosecution story in short was that the informant Police Inspector with the police party raided the business premises of Jai Vindhavasini Industries on 17.3.2004 at about 20:30 hours and spotted about 50/60 persons running away from the business premises leaving their cycles, from the back door of the factory. He started searching operation in the factory premises and found several cycles carrying coal illegally put• on the weigh bridge and many other empty cycles, one' Suzuki Motorcycle No. WB-38H-0805 and a Truck No. WMH-1726 carrying about four tonnes of ash (Chai) loaded thereon, The Police Officer seized all the items and prepared a seizure list and found that total 30 tonnes of coal were unloaded from the cycles which were stacked within the premises of the factory. The signatures of the witnesses were obtained on the seizure list. 3. Mr. Mazumdar, learned Sr. Counsel submitted that Jai Vindhavasini Industries was a factory producing fire bricks with its by product ash which did not come within the category of coal rather waste of the coal. Petitioner No. 1 Khetra Nath Mandai @ Kshetra Nath Mandai is the owner of the truck whereas the Petitioner No. 2-Madhu Bouri @ Binod Bouri was the driver .of the said truck at the relevant time, who was arrested with the fruck and had disclosed the name of the Petitioner No. 1 being the owner of the truck. The case was instituted for the offence under Sections 413/414/34 of the India In Penal Code but in view of the fact that 4 tonnes of ashes were found loaded on the truck and there was no report of theft of ashes from any factory or any other place so the offence under Section 414 of the I.P.C. could not be attracted at all. It was nowhere alleged that the petitioner had criminal antecedent and that specific allegation of doing illegal trade of coal was against other accused. It was nowhere alleged that the petitioner had criminal antecedent and that specific allegation of doing illegal trade of coal was against other accused. The petitioners though are enjoying the privilege of bail but their petition for discharge was rejected only on the ground and to quote, "The concerned truck having found on the spot loaded with ash but his involvement in coal racket cannot be ruled out before evidence comes on record. " 4. Mr. Md. Hatim, learned A.P.P. submitted that admittedly ash was found on the truck but the complicity of the truck cannot be ruled out. 5. Having regard to the facts and circumstances of the case, I find that when prosecution party was searching the business premises of Jai Vindhavasini Industries, about four tonnes of ashes were found loaded on the truck which was the by product of the factory manufacturing fire bricks. The other allegations are not attracted against the petitioners, who are the owner and driver of the truck in question which was found in the premises of the factory. The petitioners are the owner and driver of the truck and there was no allegation that they were involved in the illegal trade of coal. 6. In the circumstances, I find that they cannot be proceeded for the offence alleged under Sections 413 and 414 of the Indian Penal Code. Accordingly, they are discharged in Sessions Trial No. 202 of 2009, arising out of Nirsa P.S. Case No. 51 of 2004, corresponding to G.R. No. 857 of 2004, pending before the Additional Sessions Judge, F.T.C.-V, Dhanbad. 7. This Criminal Revision is allowed.