KANHAIYA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order dated 10th April 1989 passed by the Special Judge, (E.C. Act), Samastipur in G.R. Case No.1 of 1989 arising out of Samastipur Town P.S. Case No. 522 of 1988 by which he has taken cognizance of the offence under Section 7 of the Essential Commodities. Act 1955 (hereinafter to be referred to as theT Act) against the petitioner and directed him to stand the trial.

(2.) The facts relevant for the disposal of the case may be briefly stated. The petitioner happens to be the sole Proprietor of a firm known as M/s. Manoj Coal Company, Bahadurpur, Samastipur and is a licensee as such under the Bihar Trade Articles (Licenses Unification) Order 1984 (hereinafter to be referred to as the Order). On 31/12/1988, Sri Shyam Kishore Thakur- Opposite party No. 2 entered into the business premises of the petitioner and held inspection and seized the total quantum of cooking coal and flake coal found in the business premises and two volumes of cash memo of the firm. The opposite party No. 2 submitted a written report to the Officer Incharge, Samastipur Town Police Station for the prosecution of the petitioner under Section 7 of the Act alleging therein that there was contravention of terms and conditions contained in Clause. 5(u) and Clause 7 of the Licence granted to the petitioner under the Order. The said written report was treated as the F.I.R. and the case was instituted on the basis thereof under Section 7 of the Act against the petitioner. The F.I.R. alongwith report is Annexure-l to this petition.

(3.) The Police, after usual investigation, submitted charge sheet (Annexure-4) against the petitioner-on the basis of which the cognizance of the case has been taken against the petitioner which is the impugned order in the present case.