(1.) This petition under Section 482, Cr. P. C. has arisen out of the order dated 6-2-1989 passed by the learned Special Judge (E. C. Act) at Jamshedpur in Mango P. S. Case No. 139/88, taking cognizance under Section 7 of the Essential Commodities Act.
(2.) The facts of the case run in a very narrow compass. One C. P.Choudhary, District Manager of Bihar State Food and Civil Supplies Corporation made a written report to Mango Police Station on the allegation that on 27-9-1988 at about 5.25 p.m. in the evening, 120 bags of wheat were despatched to B.S.F.C. Musabani godown through truck No. BHR 8815. On 28-9-1988 on an enquiry from Musabani it was found that the truck had not reached there. The informant came to know from Mango Police Station itself to the effect that on 28-9-1988 while bags of wheat were being unloaded at the godown of Neki Seth, same was seized by police and on 30-9-1988 he came to know that as wheat in question belongs to B.S.F.C. and as such action was necessary to be taken by the B.S.F.C. It was further alleged that the wheat in question was received by one Ohrub Singh, authorised representative of Bijay Bahadur Singh, agent of the Transporting and Handling agents, Ex-Servicemen Welfare Association instead of getting the wheat delivered at Musabani godown on 28-9-1988. The truck was seized by the police and prosecution was lodged against the transporting-cum-handling agent, his autho rised representative Dhrub Singh, truck owner and the truck driver. On the basis of the written report, Mango P. S. Case No. 139/88 was registered and investigation was taken up. Ultimately, after completion of investigation, charge sheet was submitted against the accused persons under Section 406/407/ 120-B of the Indian Penal Code read with Section 7 of the Essential Commodities Act.
(3.) On the basis of the charge-sheet, by the impugned order dated 6-2-1989, the learned Special Judge, (E C. Act), Jamshedpur took cognizance of the offence under Sections 406/407/120-B of the Indian Penal Code read with Section 7 of the Essential Commodities Act.