RATNESHWAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application the petitioners have challenged the validity of the order dated 30-7-87 passed by learned Special I Judge, Purnea, in Special Case No. 5 of 1986 by which he has taken cognizance of the offence against the petitioners under Section 7 of the Essential Commodities Act.

(2.) The Circle Inspector of Digalbank submitted a written report to the Officer-in-charge of Digalbank Police Station in the district of Purnea on 19-1-1986 alleging therein that on 18-1-1986 he intercepted one truck bearing No. BRK-4245 on which bricks and 21 drums of Coal Tar were loaded. He inquired from the driver about the Coal Tar, which was loaded on the truck in 21 drums. It appears that while the driver was being interrogated, petitioners No. 1 and 2 directed the driver, petitioner No. 4, to proceed with the truck and unload the bricks near Kali Mandir. Further ease of the prosecution is that the driver of the truck managed to escape with the Coal Tar to Nepal. On the allegations made in the F. I. R a case under Section 7 of the E. C. Act was instituted and investigation 'was taken up by the police.

(3.) In course of investigation several witnesses were examined including the Custom Officer of Nepal, who denied the allegation of the aforesaid truck going inside Nepal on the date of the occurrence with the Coal Tar.