HIRALAL RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this application the petitioner have prayed for quashing the entire criminal proceeding of Giridih (Town) P. S. Case No. 335/84, dated 11 -12 -1984 including the order dated 16 -3 -1985, whereby cognizance has been taken against the petitioners under Section 7 of the Essential Commodities Act (hereinafter referred to as "the E. C. Act") and also an order dated 6 -2 -1986 by which the learned Magistrate has refused to discharge petitioners,

(2.) The short facts which led to the filing of this application are that on 10 -12 -1984 the Marketing Officer made a report to the Officer -in -charge, Giridih (Town) Police Station alleging, inter alia, that while he was on patrolling duty, he found 14 Metric tonnes of steam coal loaded on Truck No. BHR -6110, The Marketing Officer intercepted the truck and on demand no papers were found and the driver of the truck stated that the coal was being taken to Dwar Pahari and it was loaded from the coal depot petitioner Nos. 2 and 3. Since no paper in relation to the coal were produced, the same was seized alongwith the truck and a recommendation was made to institute a case under Section 7 of the E.C. Act and Section 414 of the Indian Penal Code (hereinafter referred to as the Penal Code) against the driver as well as the Coal depot owners. On receipt of the said report Giridih (town) P - S. Case No. 335/84 dated 11 -12 -1984 under Section 7 E. C. Act and Section 414 of the Penal Code was registered and Police took up investigation.

(3.) After investigation police submitted charge -sheet on the basis of which cognizance under Section 7 of the E. C. Act was taken against the aforesaid petitioners.