(1.) (Oral) - Heard learned counsel for the petitioners and the learned A.P.P. for the State.
(2.) The instant application has been filed for quashing the order dated 26.10.2010 passed by the learned C.J.M. Bettiah, West Champaran in Trial No. 02 of 2011 arising out of Mainatad P.S. Case No. 23 of 2008, whereby and where under cognizance has been taken against the petitioners for committing the offence under section 7 of the Essential Commodity Act.
(3.) The short facts giving rise to the present application are that the informant, namely, Shankar Chandra Das, Commander, 27B Batalion of SSB lodged an information stating therein that on 09.05.2008 at about 20.50 hours he along with other constable were on patrolling duty near the Bhariharwa Canal which is situated at Indo-Nepal boarder saw two loaded tractor trailers are going towards Bhariharwa village. He gave order to stop them, in the meantime one driver of the tractor run away towards Nepal along with tractor and left the trailer. On chase other tractor trailer along with three petitioners were caught and on enquiry it was found that one trailer was loaded with 46 bags of paddy and in another trailer 44 bags of paddy and 7 bags of wheat were loaded and it was suspected that both the loaded food-grains were carrying for smuggling towards Nepal. Accordingly, the apprehended persons were handed over to the Officer Incharge, Mainatad giving rise to Mainatad P.S. Case No. 23 of 2008. After completing investigation charge-sheet was submitted and accordingly the impugned order has been passed.