CHUNILALAGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) D.S.Dhaliwal, J. Chunilal Agarwal and Santosh Kumar Agarwal the petitioners herein, pray for quashing of their criminal prosecution under Section 7 of the Essential Commodities Act (hereinafter referred to as the 'Act') in Katras (Rajganj), PS. Case No. 122 of 1990 pending in the Court of Special Judge (EC. Act). Dhanbad, including the order dated 14-2-1991, whereby the learned Special Judge took cognizance of the said offence.

(2.) The prosecution case, in brief, is that on 22-4-1990 at about 8.45 a.m. on receipt of secret information Sub-Inspector, Anil Kumar of Katras (Rajganj) Out Post raided the godown of the petitioners and found a truck being unloaded there. This led to seizure of rice weighing 93 quintals contained in 93 bags. Maize weighing 21 quintal contained in 24 bags. Gram weighing 8 quintals contained in 8 bags and one bag Masur Dal weighing 90 kgs. from the truck/premises of the petitioners. The Sub-Inspector sent a written report in this respect to Katras (Rajganj) Police Station as a result whereof case F.I.R. No. 122/90 was formally registered. After completion of the investigation police submitted charge-sheet against the petitioners, the truck owner and the driver for their having committed offence under Section 7 of the Essential Commodities Act for violation of the provisions of Clause 3 of the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter referred to as the Unification Order). Acting on the police report learned Special Judge took cognizance of the aforesaid offences against the petitioner and their co-accused.

(3.) Hence this petition.