PAWAN KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure for quashing the criminal prosecution as well as order taking cognizance dated 6-8-1986 passed by the Special Judge (E. C. Act) Ranchi. in Kotwali (Sukhdeo Nagar) P. S. Case No. 429/85.

(2.) It appears that the petitioners Nos. 1 and 2 who are partners of the firm known as M/s. Jagannath Trading Company and petitioner No. 3 is owner of M/s. Ganesh Khadyan Bhandar.

(3.) It appears that shop No. 227 of petitioners 1 and 2 was inspected by the D. S. P. (Food) on 27-6-1985 about 11 a.m. and it was delected that at that time the shop was closed which was opened by Sushil Kumar Gupta (petitioner No. 2) and it was found that 172 bags af rice weighing about 129.30 quintals were found in stock. A display board was also there but without any entry and the name of dealer written in that board was Ganesh Khadyan Bhandar. The informant in the circumstances came to the conclusion that the storage was for illegal trade and as such he seized the articles and filed a case under Section 7 of the Essential Commodities Act for violation of Clause 3 of the Unification Order.