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2017 DIGILAW 949 (JHR)

Ajay Kumar Yadav v. State of Jharkhand

2017-06-16

RONGON MUKHOPADHYAY

body2017
ORDER : Heard Mr. Kalayan Roy, learned counsel for the petitioner and Mr. Abhinesh Kumar, learned A.P.P. for the State. 2. The petitioner in this application has prayed for quashing of the order dated 02.01.2017 passed by the learned S.D.J.M., Ramgarh whereby and whereunder the application for release of 1835.06 MT coal in favour of the petitioner seized in connection with Rajrappa P.S. Case No. 107 of 2014 has been rejected. 3. It appears from the First Information Report that a raid was conducted in the factory premises of M/s. Jai Ma Chinnamastika and a huge quantity of coal was stocked inside the factory premises. No paper could be produced on demand and it was suspected that the coal in question was illegally procured leading to institution of Rajrappa P.S. Case No. 107 of 2014. 4. It has been stated by the learned counsel for the petitioner that the petitioner is the power of attorney holder of M/s. Jai Ma Chinnamastika fuels which has been manufacturing hard coke. It has been stated that the factory had purchased the coal which was found stocked in the factory premises and the verification report suggests that the papers submitted by the petitioner were found to be genuine. Learned counsel submits that these facts have not been properly considered by the learned S.D.J.M., Ramgarh while refusing to release the coal in favour of the petitioner vide impugned order dated 02.01.2017. 5. Learned A.P.P. has opposed the prayer made by the petitioner and has stated that the documents pursuant to the order passed by this Court were verified by the concerned authority and about 1120 MT coal of which the documents were submitted were found to be genuine. 6. It appears that vide order dated 10.04.2017 the petitioner was directed to bring to the notice of Officer In-charge, Ramgarh Police Station all the documents relating to purchase of coal and he was further directed to get the same verified and to submit the verification report to the learned A.P.P. 7. Pursuant to the order dated 10.04.2017 an affidavit has been filed by the State annexing the documents as well as the verification report. Pursuant to the order dated 10.04.2017 an affidavit has been filed by the State annexing the documents as well as the verification report. It appears from the perusal of the said affidavit twenty three challans with respect to Bermo Unit, Bokaro, thirty one challans of Kalyanpur Unit and two challans of Naisarai Unit have been verified and the same were certified to be genuine as all those challans were issued in favour of M/s. Jai Ma Chinnamastika fuels. Thus it appears that the challans which were produced by the petitioner were found to be genuine and in such circumstance, therefore, no impediment lies in directing the coal to be released in favour of the petitioner. However, it appears that although the release application was with respect to 1835.06 MT of coal but the challans which were submitted by the petitioner adds up to approximately 1120 MT of coal as has been stated by the learned A.P.P. Such circumstance, therefore, does entitle the petitioner to get release of the coal for which the documents were verified and found to be genuine. 8. In such view of the matter while setting aside the order dated 02.01.2017 passed by the learned S.D.J.M., Ramgarh in connection with Rajrappa P. S. Case No. 107 of 2014 a further direction is given to release the coal of which the documents submitted by the petitioner were found to be genuine in favour of the petitioner on such terms and conditions as may be imposed by the learned trial court. 9. This application stands disposed of.