NABI MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire prosecution as well as the order taking cognizance dated 11-6-1984 in Special Case No. 81/1983 corresponding to G.R.No. 53/1984 arising out of Narayanpur P.S. case No. 0063/1983 dated 21-11-1983 registered under Section 7/9 of the Essential Commodities Act.

(2.) Prosecution case in brief is that Supply Inspector Ram Prasad Singh with Circle Officer visited the shop of the petitioner. At that time, shop keeper was not present and in his absence, a search was made in presence of his maternal uncle Shideque Mian. Seizures were made. In the shop there was one quinal 76 Kg. sugar only available and there was no stock of wheat and rice. The shop keeper had lifted two quintal of wheat, one quintal of rice and three quintal of sugar on 27-7-1983 and 28-7-1983 respectively out of which two quintal of wheat, one quintal of rice and one quintal of sugar were sold in black market before bringing the same to the shop. There was a display board in the shop but that display board did not display the quantity of these articles. It is further stated in the FIR that seven consumers were contacted out of whom, six have stated that no receipt is granted to them and sugar is sold @ Rs. 4.00 per Kg. and other allegations were made. On the basis of this written report, an FIR bearing Narayanpur P.S.Case No. 0063/1983 dated 21-11-1983 was registered under Section 7/9 of the Essential Commodities Act and after investigation, police submitted charge sheet and learned Court below was pleased to take cognizance in the matter.

(3.) The learned counsel appearing for the petitioner submitted that cognizance taken on the basis of submission of charge sheet is bad in law because chargesheet does not disclose any offence and there must be a report in writing of the facts constituting such offence.