DILIP KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) Petitioner, by means of this application under section 482 of the Code of Criminal Procedure, has invoked the inherent jurisdiction of this Court with prayer to quash the entire prosecution for the offence under section 420 of the Indian Penal Code and section 7 of the Essential Commodities Act, arising out of Alamganj P.S. Case No. 292 of 2013 pending in the Court of Additional Chief Judicial Magistrate, Patna City, Patna.

(3.) Facts of the case, in brief, is that on the confidential information with regard to illegal storage of rice under the Government Scheme in godown of Diwya Kumar, was opened after breaking the lock in his presence, which was let out on rent by the petitioner. In that course, rice in bags stitched by machine and marked with Government of Punjab, Haryana Agro Industries Corporation and sticker were found. It is also alleged that bags of 25 kg. of different brands, electronic weighing machine were found. Thereafter, it is alleged that the petitioner after polishing the rice and bags in different brands used to sell in black market. It is also alleged that different brands of empty jute bags and electronic weighing machine were also seized and seizure list was prepared and the first information report was lodged in this regard.