STATE Vs. SANTOSH KUMAR

JUDGEMENT

(1.) THE present revision has been preferred by the State of Bihar against the order dated 19.5.99 passed by the learned Special Judge, E.C.Act, Nalanda at Biharsarif (Sohsarai P.S.Case no. 327 dt. 7.8.98 under section 7 of the E.C.Act) by which the learned Special Judge has been pleased to discharge the accused persons (opposite parties)

(2.) MR . Lala Kailash Bihari Prasad, learned counsel for the State, has vehemently argued that on bare perusal of the first information report, a case triable under section 7 of the E.C.Act has been made out and same being economic offence. The learned Judge has erred in not taking cognizance as the case after investigation has been found true against the opposite parties.

(3.) CONTENTION of the learned counsel for the opposite parties on the other hand, is that as it will also transpire from the order of the court below that though the place of business named as Bishnu Bhandar was the earlier place but when the owner of the said premises wanted to demolish the same the opposite parties informed the authority that the place of business was going to be demolished. As such they are shifting materials (edible oil) to the premises of the aforesaid Biltu Mahto and after the aforesaid information, goods were seized in the premises of Biltu Mahto. The opposite parties have conveyed regarding shifting of edible oil to the premises of Biltu Mahto. As such to my mind, no provision of the Unification order has been contravened by the opposite parties as such the learned Special Judge has rightly dropped the proceeding against the opposite parties.