Jharkhand High Court
Krishna Kant Rana vs The State Of Jharkhand ...... Opposite ... on 2 December, 2021
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 11186 of 2021
....
Krishna Kant Rana ...... Petitioner
Versus
The State of Jharkhand ...... Opposite Party
-----
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
-----
For the Petitioner : Mr. Deepak Kumar, Advocate
For the State :1. Mr. Rajiv Ranjan, Advocate General
2. Mr. P. D. Agrawal, A.P.P.
.....
03/02.12.2021 Both the sides are present in Court. Learned Advocate General is also present to
assist this Court.
Mr. Chandan Jha, Superintendent of Police, Bokaro has appeared before Court today pursuant to the order dated 26.11.2021.
The present case relates to theft of Uranium/suspected Uranium, which is highly radioactive sensitive material and its uses relates to National importance.
It has been informed by the learned Advocate General in presence of Superintendent of Police, Bokaro that they have also got recording of conversation between Mahabir Mahto @ Balram Mahato and Dinesh Mahato @ Dinesh Koiri in a Pen Drive.
Learned Advocate General has submitted that samples of the seized material so collected on 05.06.2021 for getting its examination from Expert of UCIL, Jadugora after obtaining order of the Court of Mrs. Seema Minz, Judicial Magistrate, 1st Class, Bokaro, which have been mentioned at para-53, 54 and 55 of the case diary and the samples were collected from the premises of Harla Police Station and its report was received from UCIL on 08.06.2021.
It is submitted at bar by the learned Advocate General that he has got no objection if test report of seized material i.e. Uranium/suspected Uranium is obtained from other agencies i.e. Bhabha Atomic Research Centre, Mumbai and Indira Gandhi Centre for Atomic Research, Kalpakkam, Tamil Nadu/ Raja Ramana Centre for Advanced Technology, Indore.
Although the State has furnished the copy of proposed counter affidavit, which has been filed in the drop box of this Court, but it does disclose anywhere that as and when the Superintendent of Police, Bokaro had contacted the officials of NIA relating to theft of Uranium/suspected Uranium and who was informed is also not clear.
Even the Superintendent of Police, Bokaro has not filed the Test report of BARC submitted before the Superintendent of Police, Bokaro on 05.07.2021 as has been discussed in the previous order dated 26.11.2021 of this Court.
It is not clear from the counter affidavit filed by the State that as to on which particular date/dates Superintendent of Police, Bokaro had contacted the officials of NIA, New Delhi and even the contact made by the Superintendent of Police, Bokaro is not incorporated by the Investigating Officer in the case diary. It is also not clear as to what steps have been taken to arrest the other two accused Mahabir Mahto @ Balram Mahato and Dinesh Mahato @ Dinesh Koiri as the case diary, which has been sent, shows investigation till 19.08.2021 and which is up to paragraph-150. Thus, it shows that investigation is still pending against even two co-accused namely Mahabir Mahto @ Balram Mahato and Dinesh Mahato @ Dinesh Koiri.
It appears that the police has submitted charge-sheet against the accused persons including this petitioner on 02.08.2021, but the investigation is still pending against other co-accused Dinesh Mahato @ Dinesh Koiri and Ishak Ansari @ Munna respectively.
Let all the call records between both the accused persons be produced before this Court in Pen Drive by today itself.
It reveals that Bokaro Police instituted 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 on 03.06.2021 although the Uranium was seized on 02.06.2021. However, the police has submitted charge-sheet under Sections 467/468/406/420/414/120B of the Indian Penal Code against the accused persons including this petitioner. It also reveals from para-1 page-4 of the case diary that Uranium of small quantity was seized from the accused Bapi Das @ Bapi Chandra and thereafter on confession of Bapi Das @ Bapi Chandra, Uranium of two packets of 900 gm and 900 gm respectively were seized from the accused Anil Singh and at page-6 it also reveals that 4.5 Kg. Uranium seized from the house of Manilal Singh on disclosure of accused Anil Singh and Bapi Das @ Bapi Chandra. As per para-10 of the case diary, Uranium was seized on 02.06.2021 in leather packet weighing 3.70 gm and leather was 4.10 gm and samples of Uranium was of 1.60 gm from Bapi Das @ Bapi Chandra.
In the circumstances, it will be desirable that one packet each from the sample of 4.5 Kg Uranium and from the two packets of 900 gms each of Uranium kept in Harla Police Station be taken out and sent for its examination its radiation level of alpha, beta and gamma rays and any other rays at Bhabha Atomic Research Centre, Mumbai and Indira Gandhi Centre for Atomic Research, Kalpakkam, Tamil Nadu/ Raja Ramana Centre for Advanced Technology, Indore.
Learned counsel for the petitioner is permitted to implead National Investigation Agency as Opposite Party no. 2 in course of the day.
Learned counsel for the petitioner is directed to serve the copy of the bail application along with other affidavits upon learned counsel appearing on behalf of the National Investigation Agency.
Learned counsel for the State is also directed to serve a copy of the counter affidavit filed on behalf of the State today to the learned counsel appearing on behalf of the NIA.
It further appears from the submission of the learned Advocate General that although National Investigation Agency has been contacted by the Superintendent of Police, Bokaro, but this fact has not been incorporated in the case diary. It has also been submitted that officials of UCIL had also been contacted one Ramesh Kumar Yadav, Emergency Response Centre of Bhabha Atomic Research Centre, Mumbai and its Test Report dated 08.06.2021 was prepared under the instruction of official of BARC, but the statement of said Ramesh Kumar Yadav has not been recorded in the case diary.
This Court is not satisfied with the report of UCIL at this stage as para-128 of the case diary reveals that radiation level of seized Uranium/Suspected Uranium was measured on 04.06.2021 itself by the Officer In-charge of Health Physics Unit, Jadugora without obtaining the prior permission of the learned Court below. Although the Expert Team of UCIL submitted its report on 05.06.2021, but the manner in which the said Test was conducted does not appear to be proper.
Therefore, it will be desirable that samples so collected by the Bokaro police in connection with Harla P. S. Case No. 69 of 2021, must be sent to Bhabha Atomic Research Centre, Mumbai and Indira Gandhi Centre for Atomic Research, Kalpakkam, Tamil Nadu/ Raja Ramana Centre for Advanced Technology, Indore to its examination and which should be supervised by the Chief Judicial Magistrate, Bokaro alongwith the learned Court below where the said Harla P. S. Case No. 69 of 2021 is pending and also in presence of by the Deputy Commissioner, Bokaro, Superintendent of Police Bokaro and the official of National Investigation Agency in the premises of Civil Court, Bokaro with prior permission to PDJ, Bokaro and taking adequate safety measure be taken for taking samples so that Judicial Officers, Staffs and Litigants may not be affected directly at the time of taking samples and all the formalities and procedures must be done in Videography by the District Administration, Bokaro by giving prior information to the learned Principal District & Sessions Judge, Bokaro.
The Officials of Bhabha Atomic Research Centre, Mumbai and Indira Gandhi Centre for Atomic Research, Kalpakkam, Tamil Nadu/ Raja Ramana Centre for Advanced Technology, Indore may collect the samples of Uranium seized by the Bokaro Police kept in Harla Police Station, on any convenient date with prior information and permission of the District Administration of Bokaro on any fixed particular date in Videography with Audio.
Report of Samples must be sent to this Court in sealed cover at the earliest in CD/Pen Drive.
Put up this case on 16.12.2021 as a part heard.
Let a copy of this order be handed over to the learned Advocate General for the needful.
Let a copy of this order be also communicated through FAX/Email to the Home Secretary, Government of Jharkhand, the Director General, National Investigation Agency and Director General of Police, Government of Jharkhand.
Prayer for bail of the petitioner will be considered after receipt of the Test Reports from the Bhabha Atomic Research Centre, Mumbai and Indira Gandhi Centre for Atomic Research, Kalpakkam, Tamil Nadu/ Raja Ramana Centre for Advanced Technology, Indore.
The presence of Mr. Chandan Jha, the Superintendent of Police, Bokaro is dispensed with for the present.
(Sanjay Prasad, J.) Kamlesh/