NARESH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition has been filed for quashing FIR bearing Kursaila P.S. Case No. 198 of 2018 dtd. 4/11/2018 lodged under sec. 7 of the Essential Commodities Act as also the criminal proceedings emanating therefrom.

(2.) The case of the prosecution in brief, as per the complaint lodged by the Block Supply Officer, Kursaila, is that in the night of 3/11/2018, information was received that food grains have been stored in the house of the petitioner for the purposes of black marketing, whereafter the said Block Supply Officer, Kursaila had contacted the Block Development Officer, Kursaila and others and had then carried out a raid in the go- down situated in the premises belonging to the petitioner. On search, it was found that the petitioner and others were packing rice, whereupon with the help of the police officials, the lock of one of the room situated in the premises of the petitioner was broken and, 439.68 quintal of rice was recovered, apart from recovery of some packaging materials and equipments.

(3.) The Ld. Counsel for the petitioner submits that the petitioner had filed a writ petition bearing CWJC No. 6034 of 2019 inter alia praying therein for release of 439.68 quintals of rice and other articles and a co-ordinate Bench of this Court vide order dtd. 17/4/2019 had directed the Collector-cum- District Magistrate, Katihar to release the rice in question, whereafter, the rice in question was released in favour of the petitioner.