NAIID KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed on behalf of the petitioner with a prayer to quash the criminal proceeding initiated under Section 7 of the Essential Commodities Act (in short 'the B C. Act') including the order, dated 4-11-1983/7-11-1983, whereby cognizance has been taken against the petitioner.

(2.) The facts which let to the filing of this application, in short, are that on 12-6-1981 the petitioner lifted one drum of Kerosene Oil containing 200 liters from Prakhand Office, Paru and carried the same from bullock cart to his shop at Kamalpura. It appears that on that very date a First Information Report was lodged by one Uma Shankar Yadav of village Gara under Paru polic station alleging, inter alia, that the petitioner while carrying Kerosene Oil to Kamalpura unloaded one drum of Kerosene Oil at village Gara in front of the Bathan of one Jugal Narain Rai with an intention to sell it in black market and despatched the remaining drum to his village home. The informant with the help of other villagers is alleged to have seized the said Kerosene Oil.

(3.) On the basis of the said First Information Report, the police instituted Paru P. S. Case No. 69, dated 12-6-1981 and took up the investigation. After comoleting the investigation, the police submitted charge-sheet on the basis of which cognizance wus taken which has been challenged in this application.