DUNGA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure was preferred by the above named accused-petitioner for quashing the order dated 22. 6. 1988 by which cognizance was taken against the petitioner in Sakchi P. S. Case no. 270/87 under Section 7 of the e. C. Act by the Special Judge (E. C. Act) at jamshedpur.

(2.) THE application was admitted by the order dated 31. 3. 1989 and the hearing of the same was awaited till disposal of criminal Misc. No. 3392 of 1989 (R) by order dated 24. 10. 89. The abovementioned criminal Misc. case was ultimately disposed of by a Division Bench of this Court without going into the merits of the case but transmitting the same to the court below and liberty was given to the petitioner of that case to agitate their grievance before the trying court.

(3.) IN the present case, the supply officials alongwith police came to the business premises of the petitioner which was run in the name and style of M/s Saraswati Stores on 11. 11. 1987 but the same was found to be closed and as such the business premises were sealed and on 12. 11. 1987 in presence of the petitioner and his servants/salesmen, they inspected the godown and shop and found that the Display Board in the shop premises was dated only 11. 11. 1987 and that the stocks were not duly displayed as on 12. 11. 1987 in the Display Board. Furthermore on verification of the stock, it was found that one bag maida, 11 bags of Chokar, 14 quintals of Mung Dal were in excess whereas three bags of chana and 10. 50 quintals and two bags of wheat were not found entered in the stock register and it was alleged that the petitioner had violated condition no. 3 (a) of the licence issued under the Bihar Trade Articles (Licences Unification) Order, 1984. An f. I. R. was filed by the supply officials, which has been contained in Annexure-1 and on the basis of investigation and chargesheet, cognizance was taken by order dated 22. 6. 1988 by the Special Judge (E. C. Act)at Jamshedpur.