ABHISEKH RAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the Criminal Writs originate from same P.S. Case bearing Mokama P.S. No.129/05. As such with the consent of the parties the same have been heard together and are being disposed of by a common order.

(2.) IN Cr.W.J.C. No. 764/2005, Barun Kumar Singh happens to be the petitioner while in Cr.W.J.C 980/2010, Abhishek Raj and Jodhi Sah, happen to be the petitioners and in both Cr.Writs there has been common prayer for quashing of the FIR of Mokama P.S. Case No.129/2005 registered under Sections 420, 467, 468, 471/34 of the IPC and 7 of the E.C. Act.

(3.) IT has been contended on behalf of the petitioner that to facilitate smooth delivery of LPG cylinders to its consumers the gas was being transported. Further submitted that from the First Information Report itself, it is evident that none had complained regarding black-marketing. Then, it has been submitted that informant was not at all competent to conduct raid as per Notification issued by the Government and Circulated vide Memo No. 2021 dated 28.7.2005. So submitted that in the aforesaid fact and circumstances of the case, the search and seizure have been made in contravention of the Notification referred above. Consequent thereupon, the registration of the case followed with investigation is liable for quashing.