FATEH CHAND GARG Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this application, the petitioners have prayed for quashing order dated 19.4.1980 passed by the Sub -divisional Judicial Magistrate, Vaghmara, by which it has taken cognizance of an offence under Section 7 of the Essential Commodities Act (the E.C. Act) and under Section 201 of the Indian Penal Code (the Penal Code) and directed for issuing processes against the petitioners,

(2.) The officer -in -charge, Muri G.R.P.S. came to the Bakaro Steel City Railway Station in course of investigation of a case and found that coal loaded in wagons were being sent from Bakaro Goods Shade. Upon enquiry, the owners of the said coal did not come forward. No licence was produced by any of the persons to whom the coal loaded in wagons belonged. There was violation of Clauses 3, 8, 11 and 12 of the Bihar Coal Control Order 1956 (The Order) and therefore, punishable under Section 7 of the E.C. Act. He on the basis of the information lodged by himself drew up a first information report and took up the investigation. He directed the Railway Superintendent of Bokaro Steel City not to allow the wagons to move. After completion of the investigation charge sheet was submitted and as stated earlier cognizance was taken against the petitioner.

(3.) It has been contended on behalf of the petitioners that the petitioners have violated none of the provisions of the Order and therefore, Section 7 of the E.C. Act was not attracted. It was also contended that the wagons were moved after they obtained order in writing from the Officer -in -charge of the Muri G. R. P. S. It was further contended that there was no valid seizure of the coal in question and, therefore, Section 201 of the Penal Code was also not attracted.