VIJAY SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Nilesh Kumar, the learned counsel for the petitioner and Mr. Jitendra Pandey, the learned counsel appearing on behalf of the State.

(2.) This petition has been filed for quashing of entire criminal proceeding including order dtd. 8/8/2007 by which cognizance has been taken Sec. 420, 120(b) of the I.P.C. and under Sec. 2(b) 5(1) of Bihar Commodities Act and under Sec. 7 of Essential Commodities Act against the petitioner in connection with Pratapur P.S. Case No. 25 of 2007, corresponding to G.R. No. 388 of 2007, pending in the Court of learned Sub- divisional Judicial Magistrate, Chatra.

(3.) The F.I.R was lodged by Supply Inspector alleging therein that on 17/5/2007 at about 2.30 P.M. he got information about the black marketing of rice and thereafter a team was constituted and raid was conducted in the house of Ram Kumar Sao wherein 195 bags of rice and 32 bags of wheat in which 23 bags, 13 drums of kerosene oil and other articles were found and accordingly the same has been seized. It is further alleged that a raid was also conducted in the house of Nawal Pd. Sao wherein illegal storages of wheat in 29 bags and 17 bags was found, which was seized. It is further alleged that a raid was also conducted in the house of Vijay Kumar Sao-petitioner and 86 bags of rice illegally stored, was found and subsequently seized. Further a raid was also made in the house of Bhola Yadav wherein some articles have been seized.