SURESH KUMAR CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal procedure for quashing the entire criminal proceeding including the order taking cognizance dated 19.7.1990, whereby and where-under the learned court , below took cognizance for the offence under Section 7 of the Essential Commodities Act in connection with Special Case No. 15/88 arising out of Littipara P.S.case No. 17/88 (G.R. No. 96/88).

(2.) It is alleged that the said truck, bearing No. BHJ-5121 loaded with coal was intercepted further stated that no driver or khalasi was found there and from perusal of the document it was detected that the petitioner is the owner of the said truck. Accordingly FIR was lodged and charge-sheet submitted and thereafter the court below took cognizance by order dated 19.7.1990 for the offence under Section 7 of the Essential Commodities Act.

(3.) Learned counsel appering on behalf of the petitioner submitted that actual the petitioner had already reported the matter to the officer-in-charge Benipukar Police Station, Calcutta as back as on 12.3.1988 about missing of the said truck. It is further submitted that the court below committed an error in taking cognizance, in view of the fact, that no storage limit of coal at the relevant time was notified as well as truck being the public carrier and remains under the Control and possession of driver and as such the owner of the truck cannot be held liable or responsible for the said coal.