JAWAHAR LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole Petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of entire criminal proceeding in Rajgir P.S. Case No. 17 of 1999 and also for quashing of an order dated 29.9.1999 passed by the learned Special Judge, E.C. Act, Nalanda, whereby the learned Special Judge has rejected the petition for discharge filed on behalf of the Petitioner.

(2.) Short fact of the case is that the Sub Divisional Officer, Rajgir vide Memo No. 1014 dated 2.12.1998 directed the Block Development Officer, Circle Officer as well as the Supply Inspector, Rajgir, for conducting physical verification in the Godown of M/S Bharti Indane Gas Agency. Thereafter, on the same day i.e. in the evening of 2.12.1998 the raiding party with the police force went to the office of M/S Bharti Indane Gas Agency as well as its Godown and sealed both the premises. Again on the next date, after removing the seal put over the office and Godown, a search was conducted, in which total three extra L.P.G. Cylinders were found and, as such, it was considered that it was violation of provision contained in Liquefied Petroleum Gas (Regulation and Supply and Distribution ) Order 1993, which was punishable under Section 7 of the Essential Commodities Act. After noticing such irregularities, L.P.G. Cylinders, which were found in the premises, were also seized. On the basis of written report dated 5.1.1999 of one Sri Amrendra Kumar Dipak, Supply Inspector, Rajgir an F.I.R. vide Rajgir P.S. Case No. 17 of 1999 was registered under Section 7 of the Essential Commodities Act on 6.1.1999 against M/S Bharti Indane Gas Agency through its Proprietor . After registering F.I.R. the police investigated the same and thereafter on 18.8.1999, chargesheet was submitted by the Police. On receipt of the chargesheet by order dated 1.9.1999, the learned Special Judge, Nalanda took cognizance of offence under Section 7 of the Essential Commodities Act. Subsequently, a petition for discharge was filed by the Petitioner and finally by the impugned order dated 22.9.1999, learned Special Judge rejected the Petition for discharge.

(3.) Aggrieved with the order of rejection of discharge petition as well as aggrieved with the entire criminal proceeding in Rajgir P.S. case No. 17 of 1999, the Petitioner approached this Court by filing the present petition and on 25.2.2000, the case was admitted for hearing. While admitting, lower court records was called for and it was further directed that pending disposal of this application, further proceeding in Rajgir P.S. Case No. 17 of 1999 pending in the court of Special Judge, E.C. Act, Nalanda at Biharsharif shall remain stayed. The order of stay is still continuing.