RAM PRASAD SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed under Section 482 of the Code of Criminal Procedure by the sole applicant/accused for quashing of the entire criminal prosecution for the offence under Section 7 of the E.C. Act in connection with Nagar Utari PS Case No. 92/98 (E.C Act No. 6/98).

(2.) The prosecution case as alleged in brief is that a raid was conducted in the house of one Hari Prasad Gupta and found 88 tins and 24 plastic jars containing edible oil weighing 19 quintals, 61 Kegs & 700 cms. of different brand of edible oil. It was also alleged that in the said house one R. Pandey, a retired pharmacist is a tenant and running his medical shop and according to him, the owner of the house is Hari Prasad Gupta, but portion in which the edible oil was found stored was in possession of the petitioner and accordingly F.I.R. was lodged.

(3.) The O.P.No. 2/Informant also filed a counter-affidavit is stating therein that huge quantity of edible oil was recovered from the said premises and in front portion of said premises one Rajendra Pandey is residing on rent and on enquiry the said Rajendra Pandey stated that the edible oil belonged to Ram Prasad Sao (petitioner) who is the elder brother of the house owner. Mahendra Prasad is a licence-holder hearing No. 116/1985 and he is not dealing with edible oil since long and the allegation of the petitioner is false and the application is fit to be dismissed.