MD TAIYUBUL @ MD TAYABUL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned APP for the State.

(2.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 04.02.2019 passed by learned S.D.J.M., Purnea in Dagarua P.S. Case No. 03 of 2018 whereby the learned Magistrate has taken cognizance of the offence under Section 420 of the Indian Penal Code and Section 7 of the E.C. Act against the petitioners and one Md. Tabrej.

(3.) Factual matrix of the case is that Dagarua P.S. Case No. 03 of 2018 was instituted against the unknown owner and driver of the tractor and trailer, unknown owner of the rice and other unknown accused on the basis of the written report of Vijay Kumar Sinha, Block Supply Officer, Dagarua, Purnea with the allegation in succinct that on the tip off about carrying of the government subsidized rice by the tractor for blackmarketing, informant arrived at the place of occurrence and found a tractor standing on the road and some persons engaged in tying tarpaulin with rope and seeing the informant they made good their escape. On inspection of the tractor, he noticed 123 gunny bags weighing 71.90 quintal government subsidized rice laden on the tractor.