SURENDRA KUMAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner Surendra Kumar Thakur has come to this Court under Section 482 Cr. PC for quashing the entire prosecution in connection with the Katras P.S. Case No. 270/83, dated 5 -9 -1983 under Section 7 of the Essential Commodities Act and Section 414, IPC which is pending in the Court of the learned Special Judge (E.C. Act) Dhanbad.

(2.) It appears that a report dated 5.9.1983 was registered at the police outpost, Rajganj. P.S. Katras that on 3.9.1983 while the police party was patrolling the S.I. found several trucks loaded with coal. On checking the trucks the coal appeared to be suspictous. The papers which were produced by the driver of the truck showed the material as rejected coal but on seeing the loaded coal it was found that coal was half burnt. On persual of the purchase voucher it appeared that the price of rejected coal was excessive so the coal was taken into possession and kept in safe custody. On 4.1.1983 under the orders of the officer -in -charge, the S.I. police went to M/s Industrial Enterprise from which the driver is said to have taken the coal. In the M/s Industrial Enterprise one signboard of the enterprise was found. There was neither stock number nor licence number mentioned in this premises. No papers about coal not any paper like stock register, sale register or challan were found. 400 Tonnes of coal was found there. The night guard on duty posted there informed that the coal depot belonged to Surendra Kumar Thakur, the petitioner, and that the aforesaid five trucks were loaded from this premises on 3.9.1983. As no licence nor any other valid papers relating to the truck and the coal were found so the truck with the coal was seized. The driver's statement was recorded who said that the coal was loaded from M/s Industrial Enterprise, Thereafter this prosecution was launched under Section 7 of the Essential Commodities Act and Section 414, IPC and investigation started.

(3.) The petitioner waited for about over a year and has filed this application on 15.1.1985 in this court. In this petition it has been said that since the Supply Department's authorities and the police officers were harrassing the petitioner so he had filed a writ application in the Calcutta High Court challenging the provisions of the Bihar Coal Control Order, 1956. Colliery Control Order, 1956, and the Bihar Essential Commodities (Display of Prices and Stocks) Order, 1977. The Calcutta High Court on 7.10.1982 had granted an interim order of injunction as mentioned at page 12 in para (j) of this petition which is as follows: An injunction do issue restraining the respondents and each of them and/or their servants, agents subordinates and officers from applying or enforcing the Bihar Coal Control Order, 1956 and/or Bihar Essential Commodities (Price and Stock) Display Order, 1977 as against your petitioner's or interfering with the business of the petitioners in reliance of and on the basis of provisions of the said impugned order or orders and seizing any stocks goods assets book and papers of the petitioners on the basis of the said orders or otherwise.