SITA RAM AGGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision petition has been filed for quashing the order dated 17 -12 -1996 by which the Special Judge Saharsa has taken cognizance of an offence punishable under Section 7 of the Essential Commodities Act.

(2.) THE short facts of the case are that on 13th February, 1996, the business premises of the Petitioner was inspected and it was found that 170 quintals 63 kgs of rice was in excess than the stock entered in the stock register. On demand, a document was produced showing purchase of 169 quintals 85 gs. of rice from a firm of Delhi. On Display Board, opening stock as, per stock register was mentioned. Accordingly, a criminal case under Section 7 of the Act was filed against the Petitioner and Saharsa PS Case No. 79 of 1996 was registered. The prosecution was initiated on the basis of sanction granted by the District Magistrate, Saharsa against two firms including Petitioner.