LAWS(JHAR)-2001-2-57

PREM MUNDA Vs. STATE

Decided On February 13, 2001
Prem Munda Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS application has been filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 29.1.1999 passed by Shri R.R Verma, 5th Additional Judicial Commissioner, Ranchi in Hatia P.S. Case No. 96 of 1998 by which the learned Special Judge took cognizance for the offence under Section 7 of the E.C. Act against the petitioner.

(2.) THE prosecution case in brief, as alleged that the informant along with the police party raided the shop of the petitioner on 25.9.1998 in the absence of the petitioner. It is further alleged that 56 bags, 60 kgs. and 7 bags of wheat and 4 bags of sugar were found in the shop. Accordingly the seizure list was prepared and the first information report was lodged. After investigation, the police submitted charge -sheet.

(3.) ON the other hand, the learned APP contented before me that it is true that the articles seized have already been released in favour of Bandhu Kachhap by order passed in CWJC No. 156 of 1999 (R).