BUTAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The prayer of the Petitioner is to quash the entire proceedings pending in the court of the Sub-Divisional Judicial Magistrate, Sasaram for the offences under Section 7 of the Essential Commodities Act arising out of Akorhi Gola P.S. Case No. 45/2005 (Tr. No. 1920/2005), including the seizure of 1800 litres of diesel by the Assistant Sub-Inspector of Police, Akorhi Gola Police Station made on 29th of July, 2005.

(2.) It is submitted on behalf of the Petitioner that the search and seizure was made by the A.S.I., Akorhi Gola Police Station, who was not authorized under Clause 12 of the Bihar Motor Spirit and High Speed Diesel Oil Dealers Licensing Order, 1966 (hereinafter referred to as 'the 1966 Order'). According to him, only the persons mentioned in the said clause are empowered to make the search and seizure and submit the report, which may be the foundation of the prosecution, if any.

(3.) Learned Counsel appearing for the State, on the other hand, submits that on the basis of the aforesaid search and seizure, the A.S.I. submitted the report and thereafter the case was registered, investigation made and having found the allegations substantiated during investigation submitted the charge sheet against the Petitioner and thereafter cognizance taken and the same has been pending for disposal. However, further proceedings of the aforesaid case have been stayed by this Court as per its order dated 10th of April, 2007.