HIMMAT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed under Section 482. of the Code of Criminal Procedure for quashing the entire criminal proceeding including the order taking cognizance dated 22 -7 -1985 in Govindpur P.S. Case No. 10/85 (G.R. Case No. 35/85). The short facts giving rise to this application is that one Sub - Inspector, CISF, submitted a written report, alleging therein that on secret information a truck bearing No. BPA -955 loaded with steam coal was transporting the same illegally for selling in black - market. The informant, alongwith others intercepted the truck on the G.T. Road. Thereafter, the informant seized the truck loaded with coal and submitted the written report before the police on the basis of which the FIR was registered against the petitioner and others for the offences under Sections 467, 468, 471, IPC and Section 7 of the Essential Commodities Act. The police investigated into the case and submitted the charge - sheet. The learned Special Judge took cognizance by order dated 22 -7 -1985 for the offence under Section 7 of the Essential Commodities Act.

(2.) HEARD the learned counsel for the petitioners and the learned APP for the State.

(3.) THUS , it is clear that the Central Industrial Security Force Act also empowers arrest and search restricted to a situation engrafted in Section 11 of the said Act and there is no power to investigate all cognizable offences.