Raj Kumar Ram vs The State of Jharkhand

Prashant Kumar, J.—Anticipatory bail application filed by Petitioner Raj Kumar Ram is moved by Sri. Santosh Kumar and opposed by Mrs. Nitu Sinha, learned Additional P.P.

It is alleged in the FIR that the informant, namely, Ajay Kumar Panjikar who happens to be a police officer had conducted raid in the godown of one Subhash Sahni, where some iron scraps were kept. It is alleged in the FIR that on demand, the said Subhash Sahni has not shown any license regarding said godown.

On the last date i.e. on 14.3.2011, informant was directed to swear affidavit personally stating provision under which license is required to be taken for storing iron scrap. In compliance of that order, a counter affidavit filed in which no provision of law stated by him under which the license is required to be taken for storing iron scraps. However, at paragraph 6, informant stated that the said godown was run illegally because it is not registered under the Commercial Tax Department under the Value Added Tax, 2005. It is stated that Section 25 of the VAT 2005 read with Form-106 Petitioner is required to get registration his godown.

From perusal of Section 25 of the VAT Act, I find that no license is required for keeping iron scraps in a godown.

Under the said circumstance, I find that the concerned police officer, namely, Ajay Kumar Panjikar have no knowledge of law and he ,with a view to, harass the citizen, lodged this FIR with some ulterior motive. Thus, his aforesaid conduct is depricated.

Let this order be sent to the Director General of Police, Jharkhand as well as Superintendent of Police, Dhanbad for necessary action.

Now coming to the merit of the case, admittedly Petitioner is the owner of Commercial vehicle which was engaged by the godown owner for loading iron scraps.

Considering the same, I allow this application and direct Petitioner to surrender in the court below by 11.4.2011 and in that event the court below is directed to enlarge the Petitioner, above named, on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Dhanbad in connection with Nirsa P.S. Case No. 236 of 2010 (G.R. No. 3344 of 2010), subject to the condition as laid down u/s 438(2) of the Code of Criminal Procedure.