RAJENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner Rajendra Singh - Chairman-cum-Managing Director of Central Coal Fields, Ranchi, the then Director (Commercial) Bharat Coking Coal Ltd., Dhanbad, has filed this application under S.482 Cr. P.C. for quashing the entire proceeding pending against the petitioner in connection with the Weights and Measures Case No. 18 of 1980 including the order dated 7-6-1980 whereby the Chief Judicial Magistrate, Dhanbad, has taken cognizance of the offence under S.25 of the Bihar Weights and Measures (Enforcement) Act, 1959 (for short the Act).

(2.) It appears that on 2-6-1980 a prosecution report was lodged by the Inspector of Weights and Measures, Sadar Dhanbad, before the learned Chief Judicial Magistrate, Dhanbad, saying that on 15-10-1979 a coal dump of M/s. Bharat Coking Coal Limited, a Government of India Undertaking, situated at Golf Ground was inspected. During the course of inspection it was found that in the said coal dump unstamped weighing scale was being used in contravention of the provisions contained in R.11 of the Bihar Weights and Measures (Enforcement) Rules (for short the Rules). The learned Chief Judicial Magistrate on the said report took cognizance of the offence under S.25 of the Weights and Measures Act (for short 'Measures Act') against the petitioner and others and thereafter transferred the case to the court of Sri A. Gouri.

(3.) In the application under S.482 of the Code of Criminal Procedure (for short Cr. P.C.), it has been said that the order transferring the case to the court of Sri A. Gouri is in violation of the provision of S.204 Cr. P.C., that the petitioner was the Director (Commercial) of M/s. Bharat Coking Coal, Ltd. which is also a subsidiary of Coal India and that the Coal Dump is situated in Golf Ground far away from the colliery inspected; and that he was to look after the policy decision of M/s. Bharat Coking Coal Ltd. so far as commercial aspect is concerned; and that in the said coal dump competent persons were posted to look after the affairs of the said coal dump. No counter-affidavit has been filed by the State to controvert the allegations but the learned counsel for the State has tried to refer to the record of the court below.