RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY means of this criminal miscellaneous under section 482, Cr.P.C. the petitioners seek quashing of FIR No. 14 date 26.1.83, Annexure PI, registered at Police Station Mohali and the charge sheet P2 framed by the Additional Sessions Judge, Ropar under Sections 7, Essential Commodities Act and sections 468/471/420 and 120B, IPC.

(2.) THE case was registered on the information that trucks were being taken for exporting rice out of Punjab. A Naka was then fixed and trucks No. PUR 5105 driven by Ajmer Singh; PBV 2631 driven by Karam Singh and PBR 3937 driven by Kuldip Singh were apprehended. Rakesh Kumar and Satish Kumar sons of Surinder Kumar were stated to be travelling with those trucks. It was alleged that they were carrying forged documents, authorising them to export rice. The charge was framed on the basis that the petitioners were accompanying the trucks, carrying the rice and they had permits which were not valid having been extended by one Pritam Singh who was not authorised to do so. It is alleged that the petitioners had controverted the export order issued by the State of Punjab in 1981 and contravention of the same amounts to an offence under section 7 of the Essential Commodities Act.

(3.) NO reply has been filed by the respondent - State inspite of opportunities allowed, as such, the facts stated in the petition are deemed to be correct.