SADANAND BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) Kotwali (Kasim Bazar) PS Case No. 373/93 was instituted Officer In-charge of the said police station giving rise to GR Case No. 1367/93. The substance pf the allegations was that in the premises of Agricultural Produce Market Committee at Safiabad, the gatekeeper and other employees of the Market Committee were indulging in various illegal acts such as issuance of fake receipts so as to cheat the Market Committee of its lawfulT revenue. The illegally collected market fee used to be distributed between concerned employees. After investigation; charge sheet was submitted against 13 accused persons including the petitioner who claims in this petition that at, the relevant, time he was functioning as the correspondence clerk at Agricultural Produce Market Committee, Safiabad and was deputed as gate keeper. The learned Chief Judicial Magistrate by order dated 29.11.1995 took cognizance, of the offences under Sections 420, 406, 409, 467 and 468/34 of the IPC and summoned the accused to, face trial.

(3.) The petitioner filed an application before the Judicial Magistrate for discharge on the ground that provisions of IPC cannot be applied in this Case in the light of Section 48 of the Bihar Agricultural Produce Markets Act (hereinafter referred to as the Act). The petitioners contention was that Section 48 of the Act provides penalty for a maximum term of one year and with a fine upto Rupees one thousand or both for contravention of any provision of the Act or any rule or by laws or order issued there under and hence, such special provision under the Act must by implication prohibit application of any offence under the Indian Penal Code. Reliance was also placed upon Section 49 of the Act which prescribes that no court inferior to a Magfstrate of the second class shall take cognizance or try any offence under the Act or under the Rules or bylaws made there under and no cognizance shall be take of such offence except with the previous sanction of prescribed authority, which as per rules under the Act is the Market Committee or Assistant Director or Director or any officer authorised by him.