GOPI RAM AGARWALLA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This judgment will dispose of Cr. Misc. Nos. 3159, 3317 and 3883 of 1991(R) as all them arise out of the tame proceedings and the same impugned order passed by the Special judge (E. C. Act) Chaibasa.

(2.) The petitioners are accused in connection with Ghatsila P. S. Case No. 135 of 1989, dated 11-10-1989 (G. R. No. 25 of 1989), and the impugned order taking cognizance has been passed by the Lower Court on 1-11-1990 for for an offence under Sections 1 of the Essential Commodities Act, 414/34,1. P. C. and 3 of the Railway Property (Unlawful Possession) Act.

(3.) The case arises out of an F. I. R. lodged by the Inspector of police, Ghatsila on 11-10-1989. According to the report, a raid was organised by the informant and it disclosed that iron scrap was found in the house of Gopi Ram Agarwalla and Mamraj Jain alongwith Shyam Sundar Jain, petitioners, who were loading part of that material in a truck bearing No. BPX 9058. Shyam Sundar Agarwalla was stated to be the owner of the said truck. The case was accordingly registered under Sections 7 of the Essential Commodities Act, 414/34 IPC and 3 of the R. P. (J. P. Act against the petitioners and other accused. After submission of the charge sheet the impugned order taking cognizance has been passed.