JAMUNA SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This is an application for quashing a prosecution against the petitioner who is a truck driver pending in the Court of Shri B.B. Saran, Munsif -Magistrate, 1st Class, at Katihar. According to the prosecution case, the petitioner was found carrying molasses on his truck in contravention of Sec. 4(b) of the Bihar Molasses (Control) Act, 1947, read with Rules 11 and 11A of the Bihar Molasses (Control) Rules, 1955 (hereinafter to be referred to as the Act and the Rules respectively). From the petition of complaint which has been placed before me, it appears that one Baijnath Prasad had purchased molasses from a stockiest firm, Messrs Mohan Lall Kailashpat, at Majhaulia in the district of Champaran, and the petitioner was transporting part of it to Kisanganj in the district of Purnea. Mr. Basudeva Prasad appearing on behalf of the petitioner has urged that the allegations made in the petition of complaint do not make out a case of contravention of provisions of Sec. 4(b) of the said Act and Rules 11 and 11A of the said Rules and, therefore, prosecution of the petitioner under Sec. 10 of the said Act was illegal and should be quashed.

(2.) Relevant part of Sec. 4 runs as follows:

(3.) Rule 11, as it stands now after the amendment of the year 1967, is as follows: - -