SHARDA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under Section 482 Cr. P. G. has been preferred by the abovenamed accused-petitioners against the order dated 31-3-1987 passed by the Special Judge (E. C. Act) at Jamshedpur, whereby and whereunder cognizance of the offence under Section 7 of the E. C. Act was taken against the petitioners alongwith two others in Mango P. S. Case Mo. 224 of 1986.

(2.) This quashing petition has been preferred on 12-2-1988 and the case was ordered to be heard alongwith Cr. Misc. No. 2811 of 1987 (R), but unfortunately that case has already been disposed by this Division Bench vide judgement and order dated 2-11-1995 due to over sight.

(3.) The prosecution case as is revealed from Annexure-1 is that on 28-9-1986 one Sri S. R. Singh, Sub-Inspector of Police found truck No. BRT 303 standing near the house of co-accused Irshad Khan. Due to defect in the truck, it was standing and the wheat was being unloaded in the verandah of Irshad Khan. Truck driver was not found. As no one claimed the wheat in question the wheat found in the truck and the truck was seized. The informant opined that as the wheat in question was unclaimed and when the truck owner and driver were not found at the site it was evident that the wheat was being carried clandestinely and as such the truck owner, the driver and Irshad Khan; are punishable under Section 414 of the Indian Penal Code read with Section 7 of the B. C. Act.