9911796707
TMI Blog2023 (4) TMI 819X X X X Extracts X X X X X X X X Extracts X X X X ..... (IPC in short). 3. The FIR unfolds that the informant along with the ACP of Basistha Division, OC of Basistha P.S. and other police personnel held a Naka checking (check point) on 27.10.2018 at the Jorabat O.P. from 9 P.M. to 2 A.M. midnight. Trucks bearing registration no. i) HR-69-C- 4660, ii) AP-16-TH-1199, iii) BR-06-GC-7481, iv) HR-69-C-7278, v) HR-68-B-7552, vi) AP-16- TH-9879, vii) AP-37-TD-5759, viii) AP-21-TZ-4343, ix) BR-09-GA-9833, x) AP-31-TG-9011, xi) AP-16-TH-8987 which were loaded with coal were approaching Meghalaya to Beltola, Guwahati. The drivers 1) Naga Raju, 2) Md. Atabar Rahman, 3) D. Suri Reddy, 4) Sandip, 5) Raju Ch. Lakhmaya, 6) Bala Ram Singh, 7) Bijendra Singh, 8) Molay Sarkar, 9) Chandeshwar Sah, 10) Kachi, 11) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Byrnihat, Sonapur of Kamrup District. A copy of this application is marked as Annexure-2. The petitioner has purchased the coal from Byrnihat and loaded the same in five trucks mentioned above for transportation to Bihar. The petitioner has paid necessary taxes and other dues to the Government vide Tax invoice dated 27.10.2018 through E-way Bill. The petitioner has in his possession the requisite documents i.e Tax invoice, coal purchasing documents in Assam. The coal loaded in the aforementioned trucks is not stolen property. It is also submitted that when the police demanded the relevant documents in respect of transportation of coal, the drivers of the trucks mentioned above produced Tax invoice dated 27.10.2018 and E-way bills of Rs. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is submitted on behalf of the petitioner that has no offence has been committed. He has prayed for quashing the FIR lodged against him with a foisted case. 8. Per contra, the learned Addl. P.P. has submitted that this incident involves transportation of coal by 11(eleven) trucks. The petitioner transported coal through five trucks. It is not a case, where only the petitioner is involved, but other accused are also involved. The Annexure-3 is the Tax invoice and E-way bills in respect of the total amount of coal transported through the trucks by the petitioner. The Annexure-2 is the application with prayer for purchasing coal from 15 Mile, Byrnihat, Sonapur but this application is without a receipt from the ACP. The FIR to the DGP marked ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts inherent powers under Section 482 of the Code in a routine manner. It has been consistently held that the power under Section 482 must be exercised sparingly, with circumspection and in rarest of rare cases. Exercise of inherent power under Section 482 of the Code of Criminal Procedure is not the rule but it is an exception. The exception is applied only when it is brought to the notice of the Court that grave miscarriage of justice would be committed if the trial is allowed to proceed where the accused would be harassed unnecessarily if the trial is allowed to linger when prima facie it appears to Court that the trial would likely to be ended in acquittal. In other words, the inherent power of the Court under Section 482 of the Code of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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