RAMESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding including the order taking cognizance dated 26.11.1991 under Section 7 of the Essential Commodities Act in connection with Tamar PS Case No. 24/91 by the Special Judge (E.C. Act), Ranchi.

(2.) The prosecution was lodged on the basis of a written report given by Shri Kamla Ram, Block Supply Officer of Tamar Block. M/s. Khanjan Das a wholesale dealer of Kerosene oil used to distribute Kerosene oil to the fair price shop dealers every month and for the said purpose used to bring the Oil Tankers to the Block headquarter where-from dealers from different Panchayats used to take delivery. It is the allegation that on 7.3.1991 at about 3 p.m. a Oil Tanker was brought by the petitioner to the Block office compound where most of the dealers were supplied Kerosene Oil, but one drum of 200 liters of Kerosene Oil was sold and delivered at about 3 p.m. to a dealer in the name of Shri Pradeep Kumar Sahu but the said oil in the drum had been measured on some suspicion being raised and on re-measurement at 4.30 p.m. it was found that the drum contained only 186 liters Kerosene Oil, when it ought to have contained 200 liters. The measurement was made by a container (Bartan) of 500 ml. When the oil was found short then for the purpose of prosecuting the petitioner the report was lodged by Shri Kamla Ram, Block Supply Officer, as mentioned above.

(3.) On the basis of the written report, Tamar PS Case No. 24/91 was registered and after completion of investigation, charge-sheet was submitted under Section 7 of the E.C. Act.