IMPORTANT POINT
The central legal point established in the judgment is the requirement for a valid written complaint by an authorized person for taking cognizance of an offence under the Mines and Minerals (Development and Regulation) Act, 1957.

JUDGMENT :

Heard Mr. Utkarsh Krishna, learned counsel for the petitioners and Mr. Binit Chandra, learned counsel for the State.

2. This petition has been filed for quashing the entire criminal proceeding arising out of Govindpur (Dhanbad) P.S. Case No. 213 of 2022 dated 16.06.2022 registered under sections 379, 411, 414, 34 of the Indian Penal code and section 4 & 21 of the Mines and Minerals (Development and Regulation) Act, 1957, Rule 7, 9, 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad.

3. The F.I.R. has been lodged alleging therein that the informant namely Mr. Mihir Shalkar presently posted as District Mining Officer, Dhanbad has come to the Police Station and submitted the seizure list as well as typed complaint for which the F.I.R. has been lodged in the complaint. It is stated that the District Mining Officer, has seized 2103.50 Ton of raw coal upon the information received that Shivam Coke Pvt. Ltd., the manufacture of hard coke was receiving illegal/theft coal, since the said coal is being sold without using transport challan. On getting such information, the informant District Mining Officer along with other government authorities and other police personnel inspected the industry/unit of the petitioners on 16.06.2022 at around 12 O'clock in the noon. During inspection, it was found from the Stock Register that the total available coal which should be available with the factory is 2037.691 Ton. Measurement was carried out and after the measurement, it was found that the total stock of raw coal in the premises of the industry is 2103.50 Ton, and the said stock does not tally with the statement in the stock register. It has further been alleged that the Purchase Register of the company was produced before the Purchase Inquiry Committee, and said committee asked for e-transport challan for transportation of the aforesaid quantity of coal. Upon such demand, the transport challan for the month of April, May June was produced and then it was found further that the entry made in the Purchase Register further transpires that some of the coal found in the stock has not been validly purchased, since the said purchase was made in absence of etransport challan which resulted into loss to the government revenue. During inquiry, it has further been found that the minerals are being purchased through multiple e-way bill which is not in consonance with the Provisions of Jharkhand Minerals (Prevention of Illegal Mining. Transportation and Storage) Rules, 2017 and therefore the said stock of coal appears to be illegal. It has further been alleged that the coal which has been illegally received was shown in the monthly register of the company, showing recovered quantity but said entry is not in accordance with the Rule. Besides that the Invoice of the Company had also shown some tax invoices and e-way bill but the aforesaid e-way bill was also examined and it was found that the number of the vehicle written in the e-way bill was not issued to the said vehicle during the period in question, and therefore it has been prima facie found that Shivam Hard Coke and its owners are continuously receiving illegal coal, as a result of which the government has suffered its revenue. During inquiry, the Inquiry Committee demanded weigh bridge purchase. The weigh bridge showing the purchase of coal during the financial year 2022-23. The employees present there only could produce e-way bill for the month of May and June, but in the said e-way bill, the weighted quantity of coal was not found and therefore the aforesaid e-way bill was also suspected. Besides that when the enquiry committee asked for the footage of CCTV then they were told that CCTV Camera was not installed in the Hard Coke Factory although i.e. in violation of direction of the Deputy Commissioner, Dhanbad. From the aforesaid facts, it was transpired that CC