RAMESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under section 482 of the Code of Criminal Procedure has been preferred by the petitioner Ramesh Kumar praying therein to quash the criminal prosecution pending against him in case No.C II 1/ of 1994 under section 7 of the Essential Commodities Act ( ''the Act '' in short) including order taking cognizance, dated 30.3.1994 recorded by Special Judge, E.C.Act at Katihar.

(2.) BRIEFLY stated, a complaint petition (Annexure -1) was filed in the court of the Special Judge for E.C.Act cases at Katihar by one Tarun Chandra Mishra, Block Supply Officer of Barari stating therein that on 24.3.1994 under the supervision of District Supply Officer, Katihar, business premises of Satyanarayan Azad, a Fair Price Shopkeeper under Public Distribution System, (father of the petitioner) was inspected and it was found that the shop was not working. It was also alleged that the said Satyanarayan Azad was also running a Grocery shop by the side of the Fair Price Shop.

(3.) IN the grocery shop also 18 bags of sugar and 888 litres of kerosene oil were found which were controlled commodities.