NAYEEM AKHTAR @ NAYEEM SK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed for quashing of the FIR of Rajmahal (Radhanagar) P.S. Case No. 204 of 2012 (G.R. No. 371 of 2012) instituted under Sections 413/414 of the Indian Penal Code and also under Section 7 of the Essential Commodities Act.

(2.) IT is the case of the prosecution that when information was received by the police of Radhanagar Police Station that some persons are taking rice meant to be distributed among the persons who are the card -holders under Public Distribution System to Bengal for selling it in black market in a vehicle (Tata 407 Truck), it was intercepted by the police. On search 102 bags of rice were found loaded on it. The bags were having marking of Food Corporation of India. Those bags of rice were seized. Two persons, Masood Alam and Md. Abdul Khalek were apprehended who disclosed that they as well as this petitioner and Farjul Sheikh used to take lice from the Public Distribution System shop and sell it in black market.

(3.) THE First Information Report is being sought to be quashed on the ground that lice. subject matter of prosecution related to transaction of business of fair price shop has been seized by the Officer -in -Charge of Radhanagar Police Station but he had never been authorized to make search and seizure in terms of Clause 10 of the Public Distribution System (Control) Order 2001.