AMARJEET KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Advocate for the petitioner as well as learned APP for the State.

(2.) The petitioner is an authorized transporter of food grains belonging to the Bihar State Food and Civil Supply Corporation Limited, which was scheduled to be distributed under Public Distribution System, by virtue of a contract executed by and between the petitioner and the Bihar State Food and Civil Supply Corporation Limited on 9/8/2016. It was the duty of the transporter to transport food grains being the essential commodities to F.C.I. godown.

(3.) The prosecution case as disclosed from the F.I.R., in brief, is that on 5/7/2017, Police recorded a statement of one Raju Kumar, driver of a Pickup Van, who used to work under the petitioner. It was ascertained from the statement of the said Raju Kumar that on the self same date, he went to the godown of F.C.I. to transport food grains, but he was informed that there was no food grain to be transported from the godown to any supplier on that particular date. Therefore, he drove the said vehicle to Kespa and loaded some cattles on the Pickup Van and transported the said cattles. The Police conducted a raid in one Maa Tara Rice Mill at Kespa and found huge quantity of food grains loaded in gunny bags with F.C.I. mark. The said food grains were seized. After seizure of the said food grains, it was presumed by Police that the carrier of the food grains, namely, Amarjeet Kumar, obviously transported the said food grains to Maa Tara Rice Mill, Kespa illegally and he was implicated in connection with Tikari P.S. Case No. 281 of 2017, dtd. 7/7/2017, under Ss. 7/9 of the Essential Commodities Act.