RANJAN KUMAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The question to be answered in this writ petition is whether a proceeding under the Bihar Saw Mills (Regulation) Act, 1990, (hereinafter referred to as the Act) can be quashed when the final report against the offender under Section 10 of the Act has been submitted after 2 years and 4 months of the receipt of the seizure list by the SubDivisional Judicial Magistrate? Another question requires to be answered is whether Section 468 (3) Cr. P.C. is applicable in the circumstances of the case?

(2.) The questions aforesaid arose out of the facts that the petitioner has filed this writ petition for quashing the order dated 16-8-2001 taking cognizance under Section 10 of the Act against the petitioner in Forest Case No. F. 9/99, T.R. No. 898/2001, pending in the Court of Shri D. Burnwal, Judicial Magistrate, 1st Class, Khunti. Some properties of the petitioner, which were found to be in contravention of Section 10 of the Act, were seized and reported to the S.D.J.M. on 9-3-99. Thereafter on 16-8-2001, the final offence report was submitted against the petitioner in the Court and the cognizance was taken on that very date and the case was transferred to the Magistrate. Subsequently, it transpires that the Magistrate, to whom the case was made over issued summons to the petitioner and the petitioner appeared and contested the matter of taking cognizance and consequently prayed that the trial should not be proceeded against him. The learned Magistrate refused the prayer of the petitioner, employing Section 470(3) Cr. P.C.

(3.) Admittedly, the information of the offence was sent to the S.D.J.M. on 9-3-99 and the final form was submitted on 16-8-2001. Thus, the offence was detected on 9-3-99 and the cognizance was taken on 16-8-2001. There has been a delay of 2 years and 4 months in taking cognizance. The learned cognizance taking Court has not passed any order with regard to the period of limitation. Under Section 14 of the Act, the penalties are provided and it provides a punishment of one year and in a case of subsequent offences, the minimum imprisonment will be three months or fine.