ANSHU ALIAS DILIP KUMAR Vs. STATE OF UP

JUDGEMENT

(1.) This is an application under Section 482 Cr.P.C. to quash the order dated 27.1.2010 passed by ACJM, Anoopshahar, district Bulandsahar and charge-sheet submitted in the trial Court in Case Crime No. 422 of 2009 under Section 3/7 Essential Commodities Act, P.S. Dibai, district Bulandsahar and also prayed to pass an appropriate order for releasing the Wheat seized by the authorities in favour of the applicants against the deposit the appropriate wheat amount subject to the decision of the case.

(2.) Heard learned counsel for the applicants learned AGA for the State and perused the record.

(3.) As per prosecution case, on the information of the informant a Raid was arranged by the authorities of the State Government in company of the Police Persons and they found that on the Road in front of the Bus Stand, two vehicles Tractor Trolly and Mini Truck loaded with Bags were standing there. Informant towards that and moved the place. Both the vehicles were checked. In the Mini Truck No. UP81 Y9804, two persons Shashi Kumar and Ompal were sitting and on inquiry they gave their names and addresses. On further inquiry, they stated that Bags containing Wheat are loaded in the Truck but they failed to give the detail, to whom these Bags belong. 11 Bags containing Wheat were there and on the Bags APL mark (above poverty line) was affixed which was a Government property. On the other Vehicle i.e. Tractor Trolly, two other persons Manoj Kumar and Anshu were seated and they also given their names and addresses and on Inquiry they stated that Wheat is there in the Bags loaded in the Trolly. These bags were in No. 157 and on the bags mark APL as above was affixed showing that those were also Government Property. All the four persons failed to give detail from where they bring the Wheat. They were taken into custody the vehicles and Wheat bags were seized and brought at Mandi, Dibai where the Wheat was given in the Supurdagi of Incharge of Mandi Samiti and memo was prepared accordingly. Accused and vehicle brought at police station and report was lodged against them. Accused persons get them released on bail. After investigation, charge-sheet was submitted against them for their trial.