SHIV SHANKAR PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY filing instant Cr.Writ, the applicants who happen to be figured as an accused of Sasaram Town P.S. Case No. 413/2006, registered under Section 7 of the EC Act have made prayer for quashing of the investigation of the aforesaid case bearing Sasaram Town P.S. Case No. 413/2006.

(2.) SHIV Dutt Kumar Sinha, District Agricultural Officer, Rohtas filed a written report on 12.09.2006 disclosing therein that on 11.09.2006 at about 5:30 P.M. he along with Subdivisional Magistrate, Sasaram had intercepted one truck bearing registration no. MP -27 -8371 which was loaded with Urea fertilizers. On query the driver had produced Chalan No.21 dated 11.09.2006 which disclosed transfer of 200 bags of Urea fertilizers from M/s Gupta Khad Agency, Naikagaon to M/s Ravi Khad Bhandar, Daranagar. When the establishment of M/s Gupta Khad Agency was verified, the proprietor had accepted the same, however, no cash -memo was issued and therefore informant along with SDM suspected that the aforesaid transportation was being done for black -marketing in contravention of Fertilizer Control Order. Accordingly, articles were seized for which seizure list was prepared and the case has been registered.

(3.) IT has been submitted on behalf of the petitioners that the prosecution happens to be bad in law as well as on facts hence, is fit to be quashed. Further submitted that the aforesaid fertilizers were being supplied to the consignee on credit and that was the reason behind that no cash -memo was issued instead thereof credit invoice was issued which happens to be Annexure -4 of the petition. Not only this, the sale is further supported with Annexure 5 and 6 photocopy of stock register (supplementary affidavit). So submitted that in the background of the aforesaid authenticated document. Continuance of investigation will serve no fruitful purpose, apart from being an abuse of the process of Court. Also submitted that from perusal of written report no case is made out as such the FIR followed with investigation is fit to be quashed and for that relied upon (1989) 4 SCC 59. In para 6 of the judgment the Hon'ble Apex Court has held: - 'The High Court has rightly held that as the criminal proceedings have been started against the respondent on the basis of an FIR which does not contain any definite accusation, it amounts to an abuse of process of the court and, as such, is liable to be quashed. We entirely agree with the view expressed by the High Court.'