JUDGMENT :

Tirthankar Ghosh, J.

1. This revisional application has been preferred challenging the proceedings relating to case No. R.C.0102020A0022 dated 27.11.2020 under Sections 120B/409 of the Indian Penal Code read with Sections 13(2)/13(1)(a) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘P.C. Act’ ) pending before the Learned Judge, Special (C.B.I.) Court, Asansol, Paschim Bardhaman.

2. The complaint in relation to the First Information Report is set out as follows:-

“Information received from reliable sources has revealed that illegal excavation and theft of coal is being done by criminal elements from the leasehold area of ECL in active connivance of the officials of ECL, CISF, Indian Railways and concerned other departments. During the Joint Inspection conducted by Vigilance Department and Task Force of ECL on several leasehold areas of ECL from May, 2020 and onwards, evidence of extensive illegal mining in the leasehold area of ECL and its transportation was found. The team found several machineries which were used for excavating coal from illegal mining. During these inspections, a large number of vehicles and equipments used in illegal coal mining/its transportation and illegally excavated coal have been seized. Several instances of installation of illegal weigh bridges in concrete form were also detected which confirms of illegal coal mining and transportation from ECL areas in organized manner at a very large scale. It is further revealed by the source that illegal mining is going on at the leasehold area of ECL behind Topsi village under Kunustoria Area and at Lachhipur Village under Kajora Area by the coal mafias in active connivance with officials of ECL and those of CISF.

It is learnt that during departmental raids on 07.08.2020 at 1 No. Railway Siding of Pandaveswar area, 9.050 MT of stolen coal was recovered and seized. Seizure of stolen coal was made from several other Railway locations as well. It is learnt that this illegal activity is being run at Railway sidings by the criminals with active connivance of unknown Railway officials.

It is further learnt that as per the Standard Operating Procedure for Action Plan – Illegal Mining and coal theft dated 08.08.2020 of CIL, “the main role of all the raids and actions to be taken is of the Area Security Officer/Area Security In-Charge, Area Authorities under the respective Chief of Security, ECL and under Area General Managers.”

3. Information has also been received that Shri Amit Kumar Dhar (A-1), was the General Manager, Eastern Coalfield Limited (ECL) Kunustoria Area (presently General Manager, Pandaveswar Area), and Shri Dhananjay Rai (A- 4), ASI is the Area Security Inspector, Kunustoria, ECL. It is also learnt from the source that Shri Jayesh Chandra Rai (A-2), is the General Manager, Kajora Area and Shri Debashish Mukherjee (A-5), SSI, is the Security In- Charge, Kajora Area, ECL. Shri Tanmay Das (A-3) is the Chief of Security, ECL who is in overall charge to check and prevent illegal mining in ECL area. A large number of instances of illegal coal mining have been reported from their area with their active connivance.

4. Information has also revealed that Shri Anup Maji @ Lala (A-6) is one of the main organizers for most of the illegal mining at ECL area and transportation of illegal excavated/stolen coal. He is running the above activities in connivance with the aforesaid public servants and those public servants are allowing him to misappropriate the government property i.e. coal from the leasehold area of ECL.

5. From the above facts and circumstances, it appears that illegal coal mining in the ECL lease hold area is going on along with theft of coal from Railway sidings in an organized manner and above said officials of ECL, Security Officers of ECL & CISF in connivance with unknown officials of Railway and other public servants allowed Shri Anup Maji @ Lala (A-6) and other unknown private persons to misappropriate the nati