SRIPATI JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) This application under section 482 of the Cr.P.C., 1973 has been filed for quashing the order dated 28.01.2012/30.01.2012 passed by learned CJM, Darbhanga in Singhwara P.S. Case No.101 of 2010 whereby and where under the petitioner was summoned to face the trial for the offence under section 7 of the Essential Commodities Act.

(3.) The informant happens to be Block Supply Officer, Singhwara. He lodged FIR with Singhwara P.S. alleging inter-alia that while he was on patrolling along with armed forces, saw two people in a shop exchanging something and on interrogation they disclosed their name. The petitioner was one of them who disclosed that the said shop belongs to him and he used to sell gas cylinder after taking from the godown of M/s Hnuman Gas Agency, Jajuar, Muzaffarpur for the convenience of consumers. The informant demanded documents but none of them produced any paper. The informant seized 14 gas cylinders and 60 consumer cards and other articles from the said shop. The matter was investigated and police submitted charge sheet for the offence under Sections 379, 411 and 120B/34 of the IPC and section 7 of the Essential Commodities Act ( LPG Control Order 2000 ) against the petitioner and other co-accused. The learned CJM after going through the material on record dropped the proceeding against the owner of M/s Hnuman Gas Agency, Jajuar, Muzaffarpur and took cognizance of offence against this petitioner and other co-accused under section 7 of the Essential Commodities Act.