AMBIKA PRASAD SINGN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed under Section 482 of the Code of Criminal Procedure for quashing of the entire Criminal proceeding of Lower Bazar PS. Case No. 36 of 1991 including the order taking cognizance dated 9.5.1995.

(2.) The short facts giving rise to this application are that the Officer-in-charge Lower Bazar intercepted two trucks loaden with coal bearing registration Nos. BIN 9993 and BRO 5166. On demand, the drivers of the truck produced papers in respect of the coal loaded in the said truck. It was detected that no date has been mentioned below the signature and seal of the officer issuing the coal whereas date was found given under the signature of the officer and representative of consignee. It was further found that there was some cutting with ink but without any initials and signature. It is further alleged that the drivers of the said trucks produced challan Nos. 1352 and 1354 and there was some defects found in both the challans. Accordingly, the First Information Report was lodged for the offence under Sections 414/120-B of the Indian Penal Code and Section 7 of the Essential Commodities Act. The police investigated into the case and submitted charge-sheet.

(3.) Heard learned counsel appearing on behalf of the petitioners and the learned A.P.P. for the prosecution.