BABNLAL AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three applications under Section 482 of the Code of Criminal Procedure have been filed for quashing the order, dated 7-1-1986 whereby cognizance under Section 7 of the Essential Commodities Act (hereinafter referred to as the Act) was taken by the Special Judge, Incharge (E. C. Act), Dhanbad, in Case No. C. O. 1/86 against the petitioners. Common point of law is involved in all the three applications and as such they have been heard together and are disposed of by this judgment.

(2.) In Cr. Misc. No. 241 of 1986 (R) the prosecution ease, in short, is that on 25-12 1985 Opposite Party No. 2 with other supply authorities went to M/s. Swastik Bhandar and M/s. Shree Mahadeo Bhandar which were found closed. The petitioner Babulal Agarwal, who is the father of the proprietors of the said two Firms, was present there. He opend tha said business premises and assisted the authorities in veryfying the stock and the books of accounts etc. It has been said that certain irregularities were found in respect of the edible oil, vanaspati and sugar and as such the books of accounts were seized.

(3.) In Cr. Misc. No. 242 of 1986 (R), Kailash Kumar Sanwatia is the proprietor of M/s. Mahadeo Bhandar, the prosecution case is that during the course of investigation on 25-12-1985 by Opposite Party No. 2 along with other supply authorities, stock of sugar were found correct as per the stock register but there were some interpolation in the entries of sales in the stock register. It was alleged that on 24-12-1985 sale of 174 quintals 50 Kilograms of sugar were shown vide Cash Memo No. 282 and 326 which appear to be a fabricated sale. It was further alleged that in between 1-12-1985 to 13-12-1985, 14-12-1985 to 21-12-1985 and 22-12-1985 to 24-12-1985 the petitioner has in his stock 214, 211 and 204 quintals of sugar respectively which was in excess of the prescribed limit of 100 qaintals.