CHANDRA MOHAN CHOWDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This order will also dispose of Cr. Misc. No. 2763 of 1989 (R) as both the criminal miscellaneous petitions are directed against one and same the order dated 30.7.1988 passed by Sri. K.N. Singh, Special Judge (E.C. Act), Ranchi in Kotwali P.S. Case No. 423 of 1985, whereby he took cognizance for offence under Section-7 of the essential Commodities Act, 1955 (hereinafter referred to as the 'Act') against Chandra Mohan Chowdhary, the petitioner, herein and Sardar Harbans Singh, petitioner in Cr. Misc. No. 2763/89 (R), on a criminal complaint filed by one Sri, O. Minz, Officer of the Food Department.

(2.) The facts leading to prosecution of the petitioners, in brief, are that on 26.6.1985 Sri. O. Minz, an officer of the Food Department carried out a raid at the garrage of Sardar Harbans Singh and seized 196 bags each containing one quintal Arhar Dal. One Sri, Dwarika Singh who was present at the garrage disclosed that seized goods belonged to the petitioner, Chandra Mohan Chowdhary who brought the same and stored the bags in the go down about two days back since there is no licence in the name of the petitioners for premises from where bags containing Arhar Dal were recovered it was suspected that Arhar Dal was stocked for sale in black market. This led to registration of Kotwali (Sukhdeo Nagar) P.S. Case No. 423/85 under Section 7 of the Act. After investigation charge-sheet was submitted against, Chandra Mohan Chowdhary, the petitioner herein and Sardar Harbans Singh, petitioner in Cr. Misc. No. 2763 of 1989 (R) whereupon the learned Special Judge, Ranchi, took cognizance for offence under Section-7 of the Act against both the petitioners.

(3.) I have learned Counsel for the parties in both the petitioner and have perused the records with their assistance.