LALIT KUMAER SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. N.K. Agarwal, Senior Advocate for the petitioners in both the cases namely, Criminal Miscellaneous No. 16443 of 2008 and Criminal Revision No. 707 of 2007. The State is being represented by Mr. Jharkhandi Upadhayay.

(2.) In both the aforesaid cases, the order dated 23.04.2007 passed by the learned Chief Judicial Magistrate, Purnea whereby cognizance has been taken under Sections 420, 421, 467, 468, 471, 414 of the Indian Penal Code and Section 7/8 of the Essential Commodities Act, has been challenged.

(3.) A case was lodged by the Project Executive Officer, Purnea alleging that on secret information that fake fertilizer is being sold or about to be sold, a raid was conducted. A truck loaded with fertilizer, was intercepted and it was found that the fertilizer was not of standard quality and some of the bags which were found loaded on the truck were not even of the company, claiming to be the manufacturer of such fertilizer. Some of the bags were found to be double stitched, giving an impression that the bags were tampered with for re-filling them with fake fertilizer. It was therefore, inferred by the informant that under the cover of genuine fertilizer bags, fake fertilizer was also being sold. The driver of the vehicle showed Challans suggesting that the fertilizers were sold by the petitioners of Criminal Miscellaneous No. 16443 of 2008 and were purchased by the petitioner of Criminal Revision No. 707 of 2007.