Jharkhand High Court
Krishna Kant Rana vs The State Of Jharkhand ...... Opposite ... on 26 November, 2021
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 11186 of 2021
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Krishna Kant Rana ...... Petitioner
Versus
The State of Jharkhand ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Deepak Kumar, Advocate
For the State :1. Mr. Rajiv Ranjan, Advocate General
2. Mr. P. D. Agrawal, A.P.P. .....
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
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03/26.11.2021 Defects, as pointed out by the office, are ignored.
Mr. Deepak Kumar, learned counsel for the petitioner and Mr. P. D. Agrawal, learned counsel for the State are connected through the Video Conferencing.
Mr. Chandan Jha, Superintendent of Police, Bokaro has been connected through the Video Conferencing.
It is submitted that by the learned counsel for the petitioner that the police has submitted charge sheet in this case and has submitted a report of Bhabha Atomic Research Centre that no Uranium has been found. It is also submitted by the learned counsel for the petitioner that all other co-accused have already been granted bail by the learned Court below and as such, the petitioner may be enlarged on bail.
During the course of argument, this Court had directed the learned APP to inform the learned Advocate General to assist this Court through Video Conferencing. Pursuant to the direction of this Court, Mr. Rajiv Ranjan, learned Advocate General has also connected through the Video Conferencing.
On the other hand, learned counsel for the State has submitted that learned Advocate General will assist this Court.
Mr. Chandan Jha, Superintendent of Police, Bokaro has also pointed out that after institution of the present FIR being Harla P. S. Case No. 69 of 2021 registered under Sections 414/120B/34 of the Indian Penal Code and Section 24(i)(a) of the Atomic Energy Act and he had personally contacted with the officials of National Investigation Agency (in short 'NIA') and certain direction had given to him by the NIA to proceed for testing the Uranium from the Lab of UCIL on the direction of one official of BARC. The Superintendent of Police, Bokaro has also submitted that even he has received a report from Bhabha Atomic Research Centre on 05.07.2021 that the seized material in question is not an Uranium.
However, the Superintendent of Police, Bokaro should clarify the certain aspect also. It appears from perusal of para-125 of the case diary that co-accused Bapi Das @ Bapi Chandra and Mahabir Mahato @ Balram Mahato have stated that the material in question is 'Uranium' and even Mahabir Mahato @ Balram Mahato in his talk with this petitioner namely Krishna Kant Rana had informed him that both the packets of 900 gm each is Uranium and value of both packets is Rs. 2-C each. As per the call recording of the mobile of Mahabir Mahato @ Balram Mahato, this Court also pointed out to Superintendent of Police, Bokaro that he had got conducted examination of seized material i.e. suspected Uranium on 04.06.2021 in Harla P. S. Case No. 69 of 2021, however, Investigating Officer had taken permission from the Court of Judicial Magistrate, 1st Class, Bokaro for examination of seized material i.e. on 05.06.2021. Superintendent of Police, Bokaro has also informed that another report of suspected Uranium from Bhabha Atomic Research Centre on 05.07.2021 has also been received however, this Court again pointed out to him that such report has neither been enclosed with the case diary nor received from the records of the learned Court below.
Learned Advocate General has submitted that he will be in a better position to assist this Court, if he looks into through the entire records of this case and after verification of entire documents from the State and also records received from the office of Superintendent of Police, Bokaro.
In view of the submissions of the learned Advocate General, the State must file a detailed counter affidavit in the next week and learned Advocate General should also assist this Court on the next date fixed.
Pup this case on 02.12.2021 as a first case.
The Superintendent of Police, Bokaro is also directed to remain present in the Court on the next date fixed in this case.
(Sanjay Prasad, J.) Kamlesh/