PRADUMAN SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) TWO petitioners, who are accused in Aurangabad (T) P.S. Case No.382 of 1996 (G.R. No.11 of 1996), have prayed for quashing of an order dated 7.2.1997 passed by learned Special Judge, Aurangabad in Aurangabad (T) P.S. Case No.382 of 1996, whereby the learned Special Judge, Aurangabad has taken cognizance of the offence under Section 7 of the Essential Commodities Act (hereinafter referred to as the E.C. Act).

(2.) SHORT fact of the case is that on 19.10.1996 on secret information, a raid was conducted in the house of petitioner no.1 and from the house of petitioner no.1 about 45 Quintals of Tishi was recovered. On demand, as per the F.I.R., no paper was produced by the petitioners. However, on enquiry, petitioner no.1 informed the police that the said articles were of Nand Kishore Prasad (petitioner no.2). On account of non-production of any paper 50 bags of Tishi, weighing 45 Quintals were seized by the Supply Inspector, Aurangabad and handed over on the Jimenama (custody)to one Amresh Prasad Keshri. On the basis of written report submitted by the Supply Inspector to the Officer Incharge of Aurangabad Town Police Station , an F.I.R. vide Aurangabad ( T) P.S. Case No.382 of 1996 was registered for the offence under Section 7 of the E.C. Act. After registering the F.I.R., investigation was conducted and thereafter chargesheet was submitted. By the impugned order, i.e. order dated 7.2.1997, the learned Special Judge, Aurangabad took cognizance of the offence under Section 7 of the E.C. Act.

(3.) ACCORDINGLY, the Court is of the opinion that it is a fit case for interfering with the order of cognizance and, as such, the order dated 7.2.1997 passed by the learned Special Judge (E.C. Act), Aurangabad as well as entire criminal proceeding in Aurangabad (T) P.S. Case No.382 of 1996 are hereby set aside and the petition stands allowed.