JITENDRA KUMAR AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed by the petitioners under Section 482 of the Code of Criminal Procedure for quashing the part of the order dated 16-2-1999 passed in Lower Bazar P.S. Case No. 86 of 1996 by which the matter has been sent before the Chief Judicial Magistrate, Ranchi, for trying the offence under Sections 407, 411, 120-B and 34 of the Indian Penal Code by deleting Section 7 of the Essential Commodities Act.

(2.) The short case of the prosecution as stated is that on 9-7-1996 after 7 p.m., the informant went to the premises of Hindustan Timber at Kanta Toli and found that the Officer-in-Charge had seized 103 quintals and 80 Kilograms of Wheat from Truck No. BIT 841. It is further alleged that 103 quintals and 80 kilograms wheat of Public Distribution System was loaded at Food Corporation of India's Godown, Calcutta, in Mini Truck Nos. BIN 9270 and BR-14G-0750 and it was reported that the said wheat was unloaded from the said Mini trucks and it was loaded on a big truck in the premises of Hindustan Timber. On raid it was found that the said wheat was loaded in the two Mini trucks by the Food Corporation of India's Godown at Chutia and the same was handed over to the Drivers for carrying the same to Burmu Block and the said consignment belonged to three fair price shop dealers, namely, Ajit Kumar Sahu, Kuleshwar Sahu and Sukhdeo Sahu of Burmu. The said wheat and mini trucks were seized and, accordingly, seizure list was prepared as well as the first information report was lodged. The Police submitted charge-sheet after due investigation against the accused persons including the petitioners.

(3.) The learned Court below after hearing both sides deleted Section 7 of the Essential Commodities Act finding that the said offence is not applicable in the instant case and by the order impugned, the matter was remitted to the Court of the Chief Judicial Magistrate, Ranchi for trial.