FAKKAR KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -These three petitions filed under Sec. 481 read with Sec. 397 of the Code of Criminal Procedure, 1974, raise common questions for determination and' therefore, they are being disposed of by his common order. The petitioners in all these petitions, are Government contractors who had obtained cement from the Public Health Engineering Department (P. H. E. D.) of the Government of Rajasthan in connection with the execution of the contracts entered into by the petitioners and are being prosecuted in respect of the Offence under Sec. 3/7 of the Essential Commodities Act, 1955 (hereinafter referred to as "the Act") for contravention of the provisions of the Rajasthan Cement (Licensing and Control) Order, 1974 (hereinafter referred to as ("the Order").

(2.) Fakkar Khan petitioner in S. B. Criminal Misc. Application No. 29/82, has entered into the contracts for the construction of paka diggis in villages Hansera, Badrasar and Jamsar and in connection of the execution of the aforesaid contracts, he had obtained 3510 bags of cement from the P. H E. D. Mohan Lal and Punam Chand petitioners no. 1 and 2 in Criminal Misc. Application No. 31/82 are the partners of the firm M/s. M. L. Construction Co. and the aforesaid firm had entered into a contract with the P. H. E. D. for the construction of a pakki diggi at village Bamanali and in connection with the execution of the said contract, 2100 bags were obtained by the said firm from the P. H. E. D.

(3.) On the basis of the information received by him, Shri Bakhshish Singh' S. H. O., P. S. Sadar, Bikaner, went to the house of one, Sai Bux in Bikaner, on 22nd April, 1981 and on checking the said house, he saw cement bags in two room in the said house and he was informed by Kasam Ali son of Sai Bux, who was present in the house, that the said cement bags belonged to the petitioner Fakkar Khan. Since neither Sai Bux nor Fakkar Khan were present, Shri Bakshish Singh sealed both the rooms in which cement bags were kept in the house of Sai Bux. Thereafter, Shri Bakshish Singh went to the house of Fakkar Khan in Bikaner but he was not found there and on checking, some bags of cement were found in one room of the said house and the said room was locked and sealed. Shri Bakshish Singh also went to the house of one Babu Khan in Bikaner and found that cement was stocked there also but Babu Khan was not found and the store in which cement was said to have been stored was sealed. Thereafter Shri Bakshish Singh lodged a report at P. S. Sadar, Bikaner on 22nd April, 1981 about 9.50 a. m. After lodging the said F. I. R., the two rooms in the house of Sai Bux were opened on 26th April, 1981 and in the said rooms 1047 bags of cement were found out of which three bags were half full. On the same day, the room in the house of Fakkar Khan was also opened and in that room, 45 bags of cement and five open bags which were half full and three tins of 18 kg. each filed with cement were found. On the same day, the room in the house of Babu Khan was also opened and in the said room, 602 bags of cement were found. During the course of investigation, it was learnt that the cement which was found in the house of Babu Khan, belonged to M/s. M. L. Construction Co. After investigation, two charge sheets were filed by the police in the court of Chief Judicial Magistrate, Bikaner, one against Fakkar Khan and Sai Bux in respect of the cement bags which were found in the house of Sai Bux and in the house of Fakkar Khan, and the other against Mohan Lal, Punam Chand the two partners of M/s. M. L. Construction Co., and Babu Khan in relation to the cement bags found in the house of Babu Khan. In both these cases, the Chief Judicial Magistrate, Bikaner by his order dated 10th Dec., 1981, has directed that charge under section 3/7 of the Essential Commodities Act for contravention of clauses 8 and 15 of the Order be framed against the accused persons. Being aggrieved by the aforesaid order passed by the Chief Judicial Magistrate framing the aforesaid Charge against him. Fakkar Khan has filed Criminal Misc. Application No. 29/82. Similarly petitioners Mohan Lal, Punam Chand and Babu Khan have filed S. B Criminal Misc. Application No. 31/82 against the order of the Chief Judicial Magistrate, Bikaner dated 10th Dec., 1981 framing the charge against them.