ACHALCHHABRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) -Achal Chhabra and his father, Amar Nath Chhabra, the two petitioners, herein, seek quashing of their criminal prosecution including order taking cognizance and the Order dated 31-3-1989 whereby their application for dropping the proceedings in Essential Commodities Act (hereinafter to be referred to as 'the Act') was dismissed by Special Judge (E.C. Act), Jamshedpur.

(2.) The brief facts leading to the prosecution of the petitioners are, that on 27-11-1987 Shri Yogendra Mehra, Dy. S. P. (Food) on receiving secret information that one Subodh Das had stored cement at his residence, raided the disclosed, placed and recovered 70-bags of cement. This led to registration of TELCO (Gobindpur) P.S. Case No. 209/87 against the said Subodh Das. During investigation it transpired that the Subod Das had purchased the cement , from the petitioners. After completion of the investigation police submitted charge-sheet against both the petitioners and Subodh Das for their having committed offence punishable under Sec. 7 read with Section 8 of the Act. Acting on the same the learned Special Judge (E.C. Act.), Jamshedpur, took cognizance of the offence. Petitioners, thereafter filed application for their discharge which was dismissed by the Special Judge vide order dated 31-5-1989.

(3.) I have heard the learned Counsellor the petitioners, the Additional P.P. for the State and have perused the record.