MD.SHAMIM KHAN @ SHAMIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) The petitioner is a wholesale as well as retail sale dealer of edible oil etc. He is the proprietor of M/s Khan Traders, P.S. Haveli Kharagpur, District -Munger. In the instant writ application the petitioner prays for quashing the F.I.R. and entire prosecution of Kharagpur P.S. Case No. 188/05 dated 25.12.2005 instituted for an offence under Section 7 of the E.C. Act on the basis of written statement of the Supply Inspector.

(3.) THE prosecution case in short is that the informant on getting confidential information raided the business premises of M/s Khan Traders on 15.9.2005 at 11.45 A.M. and found huge quantity of Nepali Dalda in the shop of the petitioner for illegal sale. On enquiry the informant further found that the petitioner has stored several tins of Nepali Dalda at different places. As such a case under Section 7 of the E.C. Act was instituted against the petitioner.