THAKUR AJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the present application for question the order dated 21-7-1986 passed by Special Judge, Sitamrhi in G. R. No. 688/85 (Tr. No. 40/86) taking cognizance under Section 7 of the Essential Commodities Act.

(2.) The facts giving rise to the prosecution of petitioner are that the Marketing Officer alongwith the Supply Inspector inspected the business premises of the petitioner known as M/s Babra Stores at Sheohar. The petitioner was present at the time of inspection and showed relevant papers to him but ths verification of the store was not made on that day i. e. on 14-6-1985 and thereafter, the godowon was sealed and again inspection of the godown was made on the next date i. e., on 15-6-1985 at 11.10 A. M. and after verification there was shortage of 20 bags of levy cement as according to the stock register there should have been 261 bags of cement but 241 bags was found. The stock register was maintained up to 23-5-1985 and the cash memo with regard to the levy cement was also made up to 26-2-1985. The levy cement was kept in different godown though there was space vacant in the godown for keeping levy cement.

(3.) Thereafter the Marketing Officer filed written roport against the petitioner before Shephar Police Station stating the aforesaid facts and further stating that the petitioner has sold the cement in the black market. On the bans of the said report, first information report was drawn up and after investigation charge-sheet was submitted against the petitioner and thereafter the special Judge by the aforesaid order took cognizance againts him :