ASHOK KUMAR AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 10.3.2003, passed by learned Sub-Divisional Judicial Magistrate, Porahat at Chaibasa, in G.R. Case No. 3 of 1999, whereby the application filed by the petitioner for discharge has been rejected by the Court below.

(2.) The facts of the case lie in a short compass. A seizure of 248.5 quintals of rice was made on 24.2.1999, by the Supply Inspector, Chakradharpur, in the presence of S.D.O., Porahat at Chakradharpur, from the shop of the petitioner Ashok Kumar Agrawal. Alleging that the petitioner was storing the rice beyond the storage limit, the police case was instituted on the basis of the written information given by Supply Inspector, Chakradharpur, on 27.2.1999, being Chakradharpur P.S. Case No. 24 of 1999, corresponding to G.R. No. 3 of 1999, for the offence under Section 7 of the Essential Commodities Act, and investigation was taken up.

(3.) It appears that after investigation of the case, charge-sheet was submitted against the petitioner for the offence under Section 7 of the Essential Commodities Act. Pursuant thereto, by order dated 17.7.1999 passed in G.R. No. 3 of 1999, the Special Judge E.C. Act, Chaibasa, took cognizance of the said offence against the petitioner. The order taking cognizance has been brought on record as Annexure 3 to this application.