VIJAY KUMAR MORE Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Ramesh Kumar Agarwal, learned counsel for the petitioners and Mr. Jharkhandi Upadhaya, learned APP for the State.

(2.) THE petitioners are Depot Manager and clerk respectively of M/s. Sri Ram Foods & Fertilizer Industries, New Delhi, Sikandarpur, Muzaffarpur.

(3.) THE prosecution case is that when the business premises of the firm was raided on 25.09.1989 (Monday) at 9 a.m., it was found that the notice displayed information with respect to stock till Saturday i.e., 23.09.1989. No information was displayed with respect to the stock as on 25.09.1989 i.e., the day of raid. Consequently, even the stock register was not updated and nothing was stated after the opening balance of 23.09.1989. On physical verification, certain stocks of Vanaspati were found to be in excess of what was displayed as information on the notice board. On the basis of such information having been collected after the raid of the premises, a case was instituted vide Muzaffarpur P.S. Case No. 331 of 1989 under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the 'Act'). The police after investigation submitted chargesheet whereupon cognizance was taken. The petitioners challenged the order of cognizance, but to no avail. The aforesaid application was withdrawn in order to enable them to raise the grounds, agitated at that time, at the appropriate stage, namely, at the stage of framing the charge.