JAGDISH SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision petition has been filed for setting aside the entire proceeding including the order dated 2 -12 -1992 passed by the Special Judge, E.C. Act, Aurangabad in G. R Case No. 18/90 arising out of Rafiganj P.S. case No. 160/90 by which the Court below has not discharged the petitioner for the offence under Section 7 of the Essential Commodities Act.

(2.) THE prosecution case, in short, is that the Supply Officer, Rafiganj gave a written report on 3 -11 -1990 stating therein that on 2. -11 -1990 at about 3 p.m., he was going towards bus stand from Rafiganj Market in the way on the road he met Md. Sahebganj and Habib Mian who were carrying coal in their hand. It is further alleged that they complained to the informant that the petitioner has realised more price than the price fixed by the Government. On this complaint, the Informant went to the premises of the petitioner coal shop. He found about 12 tons and 100 Kg. steam coal and about 22 tons and 380 Kg. of soft coal. Further case of the prosecution is that Md. Sahebganj informed that Rs. 24/ - has been realised for 20 Kg. of soft coal which is higher than the fixed price. Md. Habib complained that the petitioner realised Rs. 6.60 for 6 Kg. which is much higher than the price fixed by the Government. It has been alleged that no such cash memo was given to them. On the basis of the aforesaid statement Rafiganj Police instituted a case as Rafiganj P.S. case No. 0160/90 under Section 7 of the Essential Commodities Act. The police took up investigation and after completion of investigation charge -sheet was submitted and cognizance was taken.

(3.) ACCORDINGLY , the prosecution case initiated against the petitioner is set aside and this revision petition is allowed. Petition allowed. 1. CWJC No. 6281/1994.