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1994 Supreme(Cal) 28

GITESH RANJAN BHATTACHARJEE
KALLOL KUMAR MUKHERJEE – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
D.P.Sengupta, R.N.CHAKRABORTY, SOUMEN KUMAR GHOSH

G. R. BHATTACHARYYA, J.

( 1 ) THE Criminal Revision No. 3 of 1991 relates to FIR No, 29 dated 20-6-87 of Jamuria P. S. On 20-6-87 at about 22. 15 hours one Bijoy Kumar, Sub-Inspector of Central Industrial Security Force (CISF) camp at Kunustoria, P. S. Jamuria lodged a written complaint with the officer-in-charge, Jamuria Police Station, Dist. Burdwan alleging that on 19/20-06-87 while he along with CISF party, Kunustoria camp were on patrol duty for guarding against illegal trade/transportation of coal, they at about 00. 30 hours noticed near Chanda More on P. T. Road that the truck bearing no. WBG 4729, loaded with coal was proceeding towards Calcutta from Asansol side. The truck was stopped by the CISF party and 4 persons were found to be there in the truck including driver. The driver on being asked to produce relevant documents in support of the loaded coal stated that the documents were with the owner of the coal who was following behind. Since after waiting for sometime none appeared to produce the documents, the driver produced the loading advice, road challan/ bill No. 45203 dated 10-6-87 issued by Manager Agent, Kapasma Colliery, Dist. Dhanbad (Bihar) in favour of Nemai










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