RAMCHANDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the counsel appearing on behalf of the State.

(2.) This application has been filed for quashing the entire proceeding including the FIR of Islampur Town PS Case N. 159/2006 for the offences under Section 7 of the Essential Commodities Act.

(3.) The allegation in the FIR is that on 12.12.2006 the Supply Inspector, Islampur, district Nalanda made a report to the Officer Incharge that he was informed that a tractor was carrying kerosene oil. The tractor was intercepted and ten drums of kerosene oil was seized. On the date on which the tractor was seized, no one came forward to claim the kerosene oil. Later, it appears that the petitioner's name transpired on the basis of some evidence in which it was stated that the kerosene oil belonged to the petitioner and on that basis the petitioner was made accused in this case.