SHYAM SUNDER AGARWALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner who is a dealer of Food grain having licence No. 51/85, has filed this application under Sec. 482 of the Code of Criminal Procedure for quashing the order, dated 29-8-1990 by which the learned Special Judge, Singhbhum at Chaibasa has taken cognizance for the offence under Sec. 7 of the Essential Commodities Act.

(2.) The allegation against the petitioner, as disclosed in the F.I.R. is that on 5-6-1990 while the Officer-in-charge of Chaibasa (Muffasil) Police Station was returning to the police station after investigation of another case, he saw truck No. OAS 261 near village Chaghri loaded with rice. On demand the driver produced two cash memos issued by M/s. Makhanlal Shyam Sunder of Chaibasa in favour of Rajendra Prasad of Khatasawan and Ramautar Satyanarain of Kuchoi showing sale of 50 bag's of rice to each. It is alleged that thereafter the informant inspected the business premises of the petitioner and verified the duplicate cash memo wherein certain discrepancies have been found such as in original it was written Rajendra Prasad of Kharsawangarh whereas in the duplicate it was found as Rajendra Prasad of Kharsawan. There was also another discrepancy with regard to the price. In the original it was written 19, 425.00 whereas in the carbon copy it was mentioned Rs. 1,94,225.00. The further allegation is that on the verification of the stock register it was found that it was not verified and authenticated by the Supply Inspector. It was also noticed that the rice which was received on that date by truck No. OAS 241 and OAS 4078 were not mentioned in the stock register; On these allegations, First Information Report was lodged. After investigation, police submitted charge-sheet against the petitioner and the driver of the truck under Sec. 7 of the E.C. Act.

(3.) On receipt of the charge-sheet, the learned Special Judge took cognizance as mentioned above.