BINOD KUMAR JAISWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure for quashing the proceedings in G.R. case No. 1309/77 including the order dated 3-8-1979 by which cognizance has been taken under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') against the petitioner. The petitioner by amendment, has also prayed for quashing the order dated 11-9-1981. passed by the Second Additional District and Sessions Judge, Madhubani in Cr. Revision No. 397/79./70/81.

(2.) The short facts which led to filing of this application is that on a confidential information the Officer-in-charge of Jainagar Police Station on 27-9-1977 went with some other persons to the Kirana shop of the petitioner known as Jaiswal Bhandar, situated at. Jainagar Main Road The petitioner was in his shop doing his business when the Sub-Inspector in presence of some persons searched the shop and recovered sugar in 8 bags containing 6 quintals 54 Kgs. on weightment and the same were seized as per the seizure list. The petitioner had no licence for sale of sugar. On the same day at about 11 P. M. the Officer in charge drew a First Information Report on his own statement making the petitioner an accused under Section 7 of the Act for storing 6 quintals 54 kgs. sugar for black-market. After investigation was completed the police submitted charge-sheet on 6-5-1979 against three persons including the petitioner. The other two persons were Bindeshwar Yadav. a local dealer of sugar and his brother Raj Kumar Yadav. The charge-sheet mentioned the offence "violation of the provisions of the-Bihar Sugar Dealers Licencing Order 1963" (hereinafter referred to as "the 1963 Order"). A copy of the charge-sheet is annexure '1' appended to this application

(3.) On the basis of the said charge-sheet the Chief Judicial Magistrate. Madhubani took cognizance under Section7 of the Act against the petitioner alone and he discharged the other two accused persons on the ground that there was no iota of evidence against these two persons Against this order the petitioner filed., a Criminal Revision, 'before the Sessions Judge, Madhubani which was dismissed by the order dated 11-9-1981. Both these orders have been challenged before this court in this application.