JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

1. Heard Mr. A. Roshid, learned counsel appearing on behalf of the appellant. Also heard Mr. P. Borthakur, learned Addl. P.P. for the State of Assam.

2. The petitioner, namely, Abdul Kadir has filed an application under Section 482 Cr.P.C. with prayer for quashing the FIR of Basistha P.S. Case No. 1419/2018, (G.R. Case No. 15840/2018) registered under Sections 120(B)/379/420 of the Indian Penal Code (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) K. Paswan were stopped, with their trucks at the police outpost i.e. the Jorabat outpost where the Naka checking was held. The drivers were asked to produce legal documents regarding the loaded coal but they failed to produce the same. The loaded coal was transported by the trucks with the connivance of the truck owners and the coal mafia from Meghalaya. In this manner, theft of coal was committed and the Assam Government was cheated of the revenue due to the Government for transporting coal to other states. On suspicion that the coal was stolen property, the trucks were seized in presence of the witnesses.

4. Investigation commenced and the petitioners appeared before the Basistha P.S. on 28.10.2018 and the office of the ACP, Basistha Division, and submitted all the relevant documents regarding transportation of the coal through the trucks mentioned herein below:

(i) HR-69-C-7278

(ii) AP-37-TD-5759

(iii) AP-31-TG-9011

(iv) AP-21-TC-4343

(v) BR-09-GA-9833

5. It is submitted on behalf of the petitioner that he is a businessman with his office at Kabaitary, Bongaigaon. The trade name is A.K.S. Traders. He purchases coal from Meghalaya, Byrnihat, Sonapur, for sale in different places. The competent authority issued a business certificate on 18.05.2018 with registration no. 18CMRPK2023G824. The certificate is marked as Annexure-1. On 24.10.2018, he approached to Assistant Commissioner of Police Basistha, Guwahati with prayer to allow him to purchase coal from 15 Mile, 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. 2,25,473.30 but the police did not accept any of the valid documents.

6. It is alleged that on the instigation of the ACP and the OC of Basistha P.S. the FIR was lodged by the informant, ASI Paban Barman on 28.10.2018 with the police at Basistha P.S. The petitioner appeared at the Basistha P.S. on 28.10.2018 and also at the office of the ACP at Basistha Division and submitted all the relevant documents which includes 500 Ton Coal, GST Tax invoice, E-way Bill, NGT Challan etc. The Officers destroyed the documents. The petitioner had an amount of Rs. 5,00,000/- i