MADHVENDRA SINGH AND Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the cases heard together as they arisen out of the same F.I.R. being Dhanbad (Saraidhela) PS Case No. 788 of 1998 under Section 7 of the E. C. Act and are being disposed of by this common judgment.

(2.) Both the applications under Art. 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure have been filed by the petitioners/accused persons for quashing the entire criminal proceedings initiated against the petitioners as well as for quashing the order dated 6-1-1999 passed by the learned Special Judge, Dhanbad in E.C. Act in connection with Saraidhela P.S. Case No. 788 of 1998, whereby the learned Judge took cognizance under Section 7 of the E.C. Act.

(3.) The brief case of the prosecution as stated that on 28-8-1998 the petrol pump of M/s. Sunil Services Petrol Pump Saraidhela was inspected by the raiding party in pursuance of the direction of the S.D.O. Dhanbad. It was detected that the stock and price list was not exhibited and the entries made therein were related to dated 8-7-1998, which violates the provisions of Display Order. The petrol pump was also inspected and verified and there was discrepancies. The density of the petrol was found to be incorrect and there was a shortage of 649.16 liters of diesel. Sample of the petrol was also taken in presence of the petitioners, Tuna Singh, who was the sales man and the sample was sent to the Laboratory through the Supply Inspector and it was found to be defective as the said petrol does not meet specification in respect of colour and destilation test. It is further alleged that after receipt of the enquiry report as well as the Laboratory test result, this FIR was lodged by Prakhand Supply Officer, Dhanband.