NATHUNI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Special Judge, Madhubani by his order dated 7.5.1993 in G.R.No. 2380/91 (Tr. No. 158/93) has taken cognizance of the offence punishable under Sections 7 and 8 of the Essential Commodities Act against these three petitioners which is sought to be quashed by this application.

(2.) ON 22.11.1991 one Ram Bhajan Das (Opp. Party No.2) of village Man -mohan P.S. Basopatti in the district of Madhubani submitted a written report to the Officer -in -charge Basopatti Police Station alleging that petitioner no.1 who was appointed as a dealer under the Public Distribution System, was not regular in distributing Kerosene Oil and Sugar to the consumers. It is further alleged that he was supplying these items in less quantity. It is further alleged that he was also charging excess price. It was next alleged that on the same day i.e. on 22.11.1991 one Ajab Lai Yadav came to the complainant and said that a drum of Kerosene Oil was kept in the bathan of one Md. Sabjan. The complainant along with several other person went to that Bathan and found a drum of Kerosene Oil. On enquiry, Md. Sabjan said that the drum of Kerosene. Oil belonged to petitioner no.1. On information, Police reached there. It is alleged that petitioner no.1 confessed that Kerosene Oil belonged to him. The petitioners are alleged to have tried to take away the Kerosene Oil on the point of revolver.

(3.) THE learned Special Judge, Madhubani inspite of submission of final report, took cognizance under Sections 7 and 8 of the E.C. Act against the petitioner and other accused on the basis of protest petition of the complainant as well as on the basis of materials contained in the case diary and issued summons against them.