KRISHNA TRADING COMPANY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This prosecution has been started on the basis of a report to the officer-in-charge, Malsalami P. S., by Shri M.P. Singh, D.S.P. (Food) dated 2.4. 1974 in which it is stated that in January, 1974, it was found that 17511 big tins of Vanaspati were lying at the station undelivered for days and the consignees of those tins had left them at the station because the Government had taken over distribution of Vanaspati and that the take over would have affected the irregular manner of sale made by the consignees. Investigation was taken up and in that process sale and stock registers of several wholesale dealers in Vanaspati were taken charge of and investigated. One of such dealers was M/S. Krishna Trading Company of Maroofganj, P. S. Malsalami. After a thorough check it was found that this firm had shown various sales of Vanaspati to various dealers of a various places. All such sales, which were it transpired, fictitious were as follows :-

(2.) On the basis of the aforesaid report a case was instituted under section 7 of the Essential Commodities Act, 1955, (hereinafter to be referred to as 'the Act,), under sections 465/467/471/420 of the Indian Penal Code and rule 114 of the Defence of Indian Rules. During the pendency of this application charge sheet was submitted on 30-9-74 against petitioners 2 and 3. It was stated in the charge sheet as follows :- In short the history of the case is that the accused persons sold Vanaspati tins to fictitious persons and thereby earned profit in blackmarket".

(3.) In the present application the petitioners seek the quashing of the F. I. R- contained in Annexure '1', Subsequently by a supplementary affidavit it has been further pfayed that the entire prosecution based on the charge-sheet dated 30-9-74 be also quashed.