UDAHRAN SAH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the State.

(2.) The petitioners are aggrieved by the order dated 23-03-2011 passed the learned Chief-Judicial-Magistrate, Katihar in G. R.Case No.150/2009 arising out of Pranpur P. S. Case No. 13/2009 whereby cognizance has been taken under Section 7 of the Essential Commodities Act.

(3.) On the self statement of Officer-in-charge of Pranpur Police Station in the district of Katihar, the present case was lodged. A tractor was spotted moving in high speed. The vehicle was intercepted and it was found that 27 big drums of K. Oil were loaded on it. The driver of the tractor disclosed that K.Oil belongs to one Sarwan Agrawal and the same was loaded at his instance. On demand by the Officer-in-charge of Pranpur Police Station, the driver of the vehicle produced original cash memo issued by Mahesh Trader Indian Oil Dealer in favour of the petitioners. Since 5955 liters of K.Oil were found loaded on a tractor, which was being taken through circuitous route it was presumed by the informant that K.Oil was being taken for selling it in black market. The vehicle as well as K.Oil was seized. The prosecution was launched against the petitioners for offence under Section 7 of the Essential Commodities Act read with Sections 413 and 414 of the Indian Penal Code.