ARUN WAG @ ARUN KUMAR NAG, JITBAHAN SAHU AND NAKUL SAHU Vs. STATE OF JHARKHAND AND INSPECTOR OF POLICE, KOLEBIRA P.S., SIMDEGA

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners and learned counsel for the State. This application has been filed for quashing of the entire criminal case of E.C. Case No. 21 of 2001 (arising out of Kolebira P.S. Case No. 20 of 2001) including the order dated 20.06.2001, passed by the then learned Additional Chief Judicial Magistrate, Simdega, whereby and whereunder cognizance of the offences punishable under Section 414 of the Indian Penal Code and also under Section 7 of the Essential Commodities Act has been taken against the petitioners.

(2.) The case of the prosecution which appears from the F.I.R. is that when the informant received an information that rice is being unloaded from a truck at the godown of the petitioner No. 1, raid was laid, whereby, they found a truck standing, in front of the house of petitioner No. 1, from which bags of rice were being unloaded. When documents were asked to be produced, no document was produced and hence, 56 bags of rice, each containing 50 k.g., were seized and a case was lodged suspecting the rice to be the stolen property.

(3.) Accordingly, case was registered under Section 414 of the Indian Penal Code and also under Section 7 of the E.C. Act. Upon submission of the charge-sheet, cognizance of the offences, punishable under Section 414 of the I.P.C. and also under Section 7 of the E.C. Act was taken which is under-challenge.