BHOLI KUMAR BHOJGARIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioner has invoked the inherent jurisdiction of this Court under Section 482 Code of Criminal Procedure for the quashment of his entire criminal proceeding including the order dated 07.08.2007 by which the cognizance of the offence under Section 7 of the Essential Commodities Act was taken by the C.J.M., Hazaribagh in connection with Barhi P.S. Case No. 63 of 2007, corresponding to G.R. Case No. 865 of 2007.

(2.) The prosecution story was launched on the written report presented by the informant Block Supply Officer, Barhi wherein it was narrated that he had raided the house of one Jitendra Prasad Bhagat and seized truck bearing registration No. JH02A-7503 loaded with 80 bags of wheat having 50 k.g. in each packet. When his go down was searched, it was alleged that 195 bags of wheat were recovered besides 8 bags of rice. The informant had reason to suspect that all the food articles including wheat and rice belonged to the Food Corporation of India, which was stored to be sold in black-market. All those bags of wheat and rice with weight and scale were seized in presence of the witnesses and copy of the seizure list was given to the Petitioner Bholi Kumar Bhojgariya & Pradeep Singh. On the basis of the written report of the informant case was instituted under Section 7 of the E.C. Act against three named accused persons including the Petitioner.

(3.) Learned Counsel Mr. Nilesh Kumar submitted that only suspicion was raised by the informant that the wheat and rice alleged to be seized from the go-down of Jitenda Prasad Singh found loaded on the Tata 407 truck belonged to Food Corporation of India without any evidence whatsoever. No specific allegation of violation of any control order or unification order enacted/notified under Section 3 of the Essential Commodities Act was alleged against the Petitioner so as to attract an offence under Section 7 of the E.C. Act. The Petitioner was the only claimant of wheat and rice seized by the prosecution party. He was neither a dealer under Public Distribution System nor he was in any manner concerned with that system. As a matter of fact, the Petitioner was doing business of food-grains for the last several years having his go down in the premises of Jitendra Prasad Bhagat at Kariyatpur Barhi where he used to keep his stock. He had procured 280 bags of wheat containing 50 k.g. each on 12.03.2007 from M/s Shivam Enterprises of Sathopur, Biharsarif, Nalanda and 20 packets of rice containing 50 k.g. each packet being total 10 Quintals against the valid receipts (Annexure-2). The above articles were transported through truck No. BR-2A-9589 for which valid road permit was issued for transportation (Annexure-3). The food articles were brought to the go-down of the Petitioner which was in the premises of Jitendra Prasad Bhagat situated at Kariyatpur. There was no specific allegation against the Petitioner or other accused except suspicion and blatant allegation. The informant had neither claimed that the food articles belonged to the Government organization and without alleging any violation of any order criminal prosecution of the Petitioner would amount to miscarriage of justice. No opportunity was given to the Petitioner for the production of the relevant document.